Memos 
Live events & webinars 
Trend Reports
Canada, Ukraine and other countries initiated proceedings against Iran in The Hague on Tuesday regarding the Ukrainian passenger plane that was shot down in Iran in 2020, further escalating the yearslong case and damaging Iran’s relationship with Europe and the West.
Canada, Ukraine, the United Kingdom and Sweden filed a joint application initiating proceedings against Iran at the United Nations’ International Court of Justice (ICJ), located in The Hague. The dispute relates to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (the Montreal Convention), regarding Ukraine International Airlines Flight PS752. The countries allege that Iran “failed to take all practicable measures to prevent the unlawful and intentional commission of an offense” and also slammed Iran’s investigation into the incident, according to a press release from the ICJ on Wednesday.
“(Iran) also subsequently failed to conduct an impartial, transparent and fair criminal investigation and prosecution consistent with international law,” said the countries.
The four countries are seeking the ICJ’s jurisdiction on the case. Canada, Ukraine, the UK, Sweden and Iran are all parties to the Montreal Convention, according to the release.
The Iranian government did not immediately comment.
Background: Ukraine International Airlines Flight PS752 was shot down by Iran’s Islamic Revolutionary Guard Corps (IRGC) on Jan. 8, 2020, shortly after taking off from Imam Khomeini International Airport in Tehran. At the time, Iran was striking US military positions in neighboring Iraq. All 176 people on board were killed — many were dual citizens of Iran and other countries, including Canada, Ukraine, Sweden and the UK.
In 2021, Iran concluded that the tragedy was the result of human error and charged 10 people in relation. However, Canada and Ukraine rejected Iran’s conclusion.
In April of this year, Iran sentenced 10 members of the armed forces to between one and 10 years in prison for their role in downing the plane, Agence France-Presse reported.
The four countries detailed their case against Iran in an application to the ICJ. In the document, the countries allege that “Iran took a number of steps that knowingly placed civil aircraft in harm’s way,” including positioning air defenses along civil flight paths.
The applicants also explained how Iran allegedly failed to properly investigate the matter.
For example, “By the time Iran admitted that the IRGC had shot down Flight PS752, the primary crash site had already been bulldozed, and the numerous police and military personnel who were present had failed to secure the evidence or prevent extensive looting of the primary site,” the four countries said in the application.
The applicants want the ICJ to do the following: Declare Iran violated the Montreal Convention, order Iran to acknowledge its wrongdoing and apologize, and order “full reparation” to the applicants, including undetermined “compensation” as well as returning the victims’ belongings to them, per the application.
The countries also said Iran’s trials of those responsible for the incident lacked transparency and impartiality.
Last month, Iran brought a case of its own against Canada to the ICJ. Iran said Canada violated its state immunity by awarding compensation to families of the plane’s victims under Canadian laws on state sponsorship of terrorism, AFP reported at the time.
Why it matters: Submitting the case to the ICJ represents another escalation of the saga. Ukraine and Canada in particular have been vocal on the issue for years to no avail. The ICJ, as an organ of the UN, is the highest court in the world.
The case also comes amid significant tensions between Iran and Ukraine due to Iran supplying Russia with drones for use in the ongoing invasion of Ukraine.
Tensions between Iran and the West are also high. The European Union, of which Sweden is a member, has imposed sanctions on Iran due to its crackdown on protesters since September of last year.
