A woman views photos of people killed on Flight PS752 during a protest against Iran on Parliament Hill, on Oct. 4, 2022 in Ottawa.Adrian Wyld/The Canadian Press
The case against Iran over the shooting down of a Ukrainian airliner carrying 138 people destined for Canada has been brought before the International Court of Justice.
Canada has joined with the governments of Sweden, Britain and Ukraine in filing an application that alleges Iran failed to meet its obligations under an international convention governing civil aviation and failed to prevent what they call an unlawful and intentional act that resulted in the destruction of a passenger aircraft.
On Jan. 8, 2020, Ukraine International Airlines Flight PS752 crashed a few minutes after takeoff from a Tehran airport after being hit by two surface-to-air missiles. All 176 people on board were killed, including 55 Canadians, 30 permanent residents as well as students destined for Canadian universities.
The documents filed with the court state that Iran failed to conduct a proper criminal investigation, withheld or destroyed evidence, held a “sham or opaque trial” and harassed the families of victims as they sought justice.
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The case asks the court to find that Iran has failed to meet its obligations and to order an apology and the payment of compensation.
“Today’s legal action reflects our unwavering commitment to achieving transparency, justice and accountability for the families of the victims,” said a joint statement from the four countries.
“Iran has, among other violations, failed to take all practicable measures to prevent the destruction of Flight PS752 by members of its armed forces. Iran has equally failed to advance a full, transparent and impartial criminal investigation and prosecution in accordance with international standards.”
Iran does not appear to have filed a response to the application. Its Ministry of Foreign Affairs did not issue a statement on the case Wednesday.
An association representing the families of the victims of Flight PS752 said the application represents a significant step toward holding the government of Iran and the Islamic Revolutionary Guard Corps accountable for the incident.
“It is an encouragement to family members to witness our persistent pursuit of justice reaching this crucial stage,” Kourosh Doustshenas, a spokesperson for the Association of Families of Flight PS752 Victims, said in a statement. “It is easy to become discouraged by the extensive legal and political processes that we continue to face, however we are hopeful that the ICJ will facilitate this process for achieving justice.”
Foreign Affairs Minister Mélanie Joly said in a statement posted to Twitter that “Iran must be held to account for their actions and we will continue to fight for the transparency, accountability and justice that victims’ families deserve.”
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Written proceedings and oral proceedings are expected to follow, although Iran, as the respondent, may object to the court’s jurisdiction. Global Affairs said this type of proceeding often takes several years.
The case is being brought under regulations contained in the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, also known as the Montreal Convention. The four countries called on Iran six months ago to agree to binding arbitration, but the talks never happened.
Families of some of the victims have already won a $107-million judgment in an Ontario court that Iran did not defend, but they have been unable to collect the awarded damages. Iran filed a case at the International Court of Justice against Canada last week saying legal proceedings against Tehran in Canada violated its state immunity.
On the day the plane was shot down, Iran was preparing for possible U.S. military action. Iran had just launched a missile attack on U.S. bases in Iraq after a U.S. drone strike that killed a senior Iranian general, Qasem Soleimani, on Jan. 3, 2020.
The application states that a commander with the Iranian Revolutionary Guard Corps fa Force, concerned about the threat to civilian flights, had allegedly asked that the airspace be closed, but the request was denied. Although it initially denied it had shot down the aircraft, Iran admitted on Jan. 11, 2020, that the plane had been fired upon and was targeted in error.
The case brought before the International Court of Justice alleges Iran failed to conduct a full and impartial investigation of the incident. It states that in April an Iranian military court found 10 accused guilty of lesser charges, while the commander of the air defence unit was sentenced to 13 years. Canada and its three partner countries have criticized those proceedings for lacking transparency.
The four countries argue that they tried for two years to settle the dispute by negotiation and when those efforts failed they requested arbitration in December, 2022. Six months after that request, unable to agree on a format for arbitration with Iran, the four countries filed their application with the ICJ.