20:34 08.01.2024

Canada, Sweden, Ukraine, UK initiate dispute settlement proceedings before ICAO against Iran on Flight PS752 case

3 min read
Canada, Sweden, Ukraine, UK initiate dispute settlement proceedings before ICAO against Iran on Flight PS752 case

Canada, Sweden, Ukraine and the United Kingdom have jointly initiated dispute settlement proceedings before the International Civil Aviation Organization (ICAO) against Iran for using weapons against a civil aircraft in flight.

This was announced in a joint statement of the International Coordination and Response Group for the victims of Flight PS752 at the International Civil Aviation Organization published on the official website of the Foreign Ministry of Ukraine on Monday.

"We, ministers representing Canada, Sweden, Ukraine and the United Kingdom, have taken another step on the road to transparency, justice and accountability for Iran's unlawful downing of Ukraine International Airlines Flight 752 which killed 176 people including nationals and residents of our countries," it is said in the text of the statement.

On January 8, 2024, the parties "have jointly initiated dispute settlement proceedings before the International Civil Aviation Organization (ICAO) against the Islamic Republic of Iran for using weapons against a civil aircraft in flight in breach of its international legal obligations under Article 3bis of the Convention on International Civil Aviation (known as the Chicago Convention)."

According to the statement, for four years now, Iran has refused to take full legal responsibility for the downing of Flight PS752 despite our numerous attempts to engage in negotiations on this matter.

"As a result, we have referred the dispute to the ICAO Council for a decision pursuant to Article 84 of the Chicago Convention," the parties said.

Initiating these proceedings today reflects the parties' commitment to the families who deserve justice, the document says.

"It also reflects our trust in the ICAO Council, and the international community writ large, as guardian of the safety and security of civil aviation, including by settling disputes when they arise. It is necessary that those who violate the rules are held accountable. Our common hope is that this action alongside our continued pursuit of justice at the International Court of Justice can lead to real change and prevent similar tragic losses in the future," the parties said in the statement.

The UIA Boeing 737-800 passenger plane, which was supposed to operate Flight PS752 on the Tehran-Kyiv route, was shot down near the Imam Khomeini International Airport in Tehran immediately after takeoff early in the morning on January 8, 2020. There were 167 passengers and nine crew members onboard. They all died. Among the dead there were eleven citizens of Ukraine (including nine crew members), 82 citizens of Iran, 63 citizens of Canada, ten citizens of Sweden, four citizens of Afghanistan, three citizens of Germany and three citizens of Great Britain.

On January 11, 2020, Iranian authorities admitted that Boeing was shot down by the Iranian military mistakenly. Later, commander of Aerospace Force of the Islamic Revolutionary Guard Corps Amir Ali Hajizadeh said that took full responsibility for the crash of the Ukrainian plane.

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