CANADA – In a significant development, the Government of Canada in collaboration with Ukraine, Sweden and the United Kingdom, has officially referred the case of the Ukrainian International Airlines Flight PS752 to the International Court of Justice (ICJ).
This referral marks a long-awaited and crucial step towards holding the Islamic Republic of Iran and the Islamic Revolutionary Guard Corps (IRGC) accountable for the downing of the flight on January 8, 2020.
A step towards justice
The Association of Families of Flight PS752 Victims (‘the Association’) warmly welcomes this milestone, recognizing it as an encouraging move towards justice.
“Our persistent pursuit of justice has reached a crucial stage, and this milestone serves as an encouragement to the family members affected by the tragedy.”
Kourosh Doustshenas for the Association
Kourosh Doustshenas, spokesperson for the Association, expressed the significance of this development and its relevance to the families who were so affected by the tragedy of Flight PS752.
“While the legal and political processes have been extensive, we remain hopeful that the ICJ will facilitate the process to achieve the justice that the victims of Flight PS752 deserve,” said Doustshenas.
Referral under the Montreal Convention
The referral to the ICJ comes after Canada, Ukraine, Sweden, and the United Kingdom jointly requested the Islamic Republic of Iran’s submission to binding arbitration under the Montreal Convention in December 2022.
However, the Islamic Regime failed to respond within the six-month arbitration period, paving the way for the case to be referred to the ICJ. The next step involves a review process by the ICJ, where the case will be thoroughly examined.
If accepted, an impartial court and hearing process will be initiated to investigate the downing of Flight PS752, which tragically claimed the lives of all 176 passengers and crew members on board, including an unborn child.
Amirali Alavi, the Director and Chair of the Association’s Legal Committee, emphasized the exhaustive efforts undertaken to advance this case, stating, “We have explored all available legal pathways to ensure justice in this matter.”
“As the highest international court for such cases, the ICJ provides an effective and legitimate pathway forward. Our diligent legal work and advocacy thus far have been instrumental in achieving this outcome, and we remain committed to persevering through the process.”
Additional legal avenues
In addition to the ICJ referral, the Association has actively engaged with the International Civil Aviation Organization (ICAO) and pursued a separate legal avenue for justice through a submission to the International Criminal Court (ICC).
These multifaceted efforts aim to ensure that the downing of Flight PS752 does not go unnoticed and that those responsible are held accountable for their actions.
The families of the Flight PS752 victims, along with the Association, are resolute in their pursuit of justice. Through these legal channels and their unwavering determination, they strive to provide closure and accountability for the tragic loss they have endured.
The ICJ’s involvement in this case reinforces the importance of addressing such incidents on an international scale and reinforces the commitment to upholding justice in the face of adversity.