Iran appeals ICAO condemnation following fatal airline shoot-down
Iran is appealing against the International Civil Aviation Organisation (ICAO)’s March 2025 conclusion it violated international aviation law (article 3bis of the Chicago Convention) following what it believes to be the erroneous shooting down of a Ukrainian airline in 2021.
Via a 17 April filing with the International Court of Justice, Iran claims that the ICAO Council lacks jurisdiction to adjudicate “on the disagreement between Iran and the States of Canada, the Kingdom of Sweden, Ukraine and the United Kingdom,” thus suggesting that the ICAO Council’s verdict “is null and void and without effect”.
On 8 January 2020, Ukraine International Airlines Flight 752 was “shot down in error during a period of heightened military alert which was in place in Iran in anticipation of a possible attack by US military forces,” explained the filing. “The Iranian military had misidentified and targeted the flight by two [surface to air] missiles without obtaining authorisation, contrary to mandatory military regulations”. The aircraft came down near Tehran shortly after takeoff with the loss of all 176 on board.
Iran has raised “two separate and distinct objections” in its preliminary objections, filed on 4 June 2024. Firstly, Iran stated that the Council “lacks jurisdiction over the claims in their entirety,” while also claiming that given “absent proof that the United Kingdom’s nationals were onboard,” the UK’s “claims are inadmissible”. Iran claims that under Article 84 of the Chicago Convention, the Council’s authority is void as the involved states failed to engage in “meaningful and good faith discussions with Iran with a view to resolving the disagreement”.
Although initially denying responsibility, Iran later acknowledged the airline was mistakenly targeted, with a 2021 Civil Aviation Organisation of Iran (CAIO) issuing a final report attributing human error. An Iranian court subsequently sentenced ten military personnel for their actions.
In a January 2024 statement, the International Coordination and Response Group – comprising ministers of Canada, Sweden, Ukraine and the United Kingdom, whose citizens were onboard – announced it had initiated “another step on the road to transparency” in initiating dispute settlement proceedings against the Islamic Republic of Iran before ICAO. “For four years now, Iran has refused to take full legal responsibility… despite our numerous attempts to engage in negotiations in this matter,” wrote the Group. “It is necessary that those who violate the rules are help accountable”.
