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Iran taken to International Court of Justice over shooting down plane killing 176 people

Canada, Sweden, Ukraine, and Britain have taken Iran to the International Court of Justice in order to seek damages for the families of the passengers who were killed when a Ukrainian plane was shot down by Tehran in 2020, according to the tribunal.

All 176 people on board the Ukrainian jetliner were killed in the incident.

The case filed at the United Nations’ top court alleges that Iran violated obligations under a convention on civil aviation by shooting down Ukraine International Airlines flight PS752 shortly after take-off from Tehran.

Iran admitted on January 8, 2020, that its military had mistakenly targeted the Boeing 737-800 plane bound for Kyiv, referring to it as a “disastrous mistake”.

In their application to the court, the four countries claimed that Iran had breached obligations under the Montreal Convention, which aims to safeguard the security of civilian air travel. They asserted that Iran failed to take all possible measures to prevent the downing of Flight PS752 and did not conduct an impartial, transparent, and fair criminal investigation and prosecution.

The countries requested the court to order Iran to provide full reparation for all injuries caused and to compensate the victims and their families for the material and moral damages suffered. They also called for the return of the victims’ belongings and a public acknowledgment of Iran’s internationally wrongful acts.

The majority of the victims were from the four countries, prompting them to form a coordination group to hold Iran accountable.

Iran stated that its forces accidentally shot down the Boeing 737 jet during a period of heightened tensions between Tehran and Washington.

A final report issued in 2021 attributed the tragic incident to a misaligned radar and an error by an air defense operator.

Canada criticized the report at the time, stating that it failed to address critical questions about what truly happened.

In June, Iran brought Canada to the International Court of Justice, accusing it of breaching state immunity by designating Iran as a terrorism-sponsoring state. Iran challenged the listing of the Islamic Republic as a terror sponsor in 2012 when Canada severed diplomatic ties, closed its Tehran embassy, and expelled Iranian diplomats from the country.

Iran accused Canada of alleged violations of its immunities through diplomatic, political, and legal measures that followed the 2012 terror listing, according to a statement from the Hague-based tribunal.

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