Article 84 says that any disagreement between two or more contracting states relating to the interpretation or application of the Chicago Convention that cannot be settled by negotiation can be referred to the ICAO Council for a decision. The ICAO council is thereby obliged to decide the disagreement and its decision may be appealed to the International Court of Justice (ICJ).
Canada, Sweden, Ukraine, and the United Kingdom — whose nationals were among the 176 people killed Jan. 8, 2020, when Iran’s military shot two surface-to-air missiles at Ukraine International Airlines Flight PS752 over Tehran’s international airport — and Iran are contracting states to the convention.
Art. 3bis of the convention states that “the contracting states recognize that every state must refrain from resorting to the use of weapons against civil aircraft in flight and that, in case of interception, the lives of persons on board and the safety of aircraft must not be endangered.”
In their joint application and “memorial” (statement of facts) filed with the ICAO council pursuant to art. 84, and in line with the ICAO’s Rules for the Settlement of Differences, Canada, Sweden, Ukraine and the United Kingdom have asked the ICAO council to decide that Iran breached art. 3bis of the Chicago Convention and to order that:
- Iran acknowledge its responsibility for the downing of the airliner and apologize to the families of the victims, the applicants, and the international civil aviation community;
- Iran provide assurances and guarantees of non-repetition, to be accomplished by providing a full account of the events that led to the downing, supported by evidence, and a list of specific safety measures designed to prevent a re-occurrence;
- Iran pay compensation, “in accordance with the relevant principles of international law,” for the damage caused by the downing; and
- “[W]here possible,” Iran return all personal belongings recovered from the crash site.
The countries’ latest move runs parallel to their ICJ proceedings launched last July against the Islamic republic, which seek Iran’s acknowledgment of state responsibility and that Iran pay reparations for the families of the deceased victims.
Government ministers of the four applicant countries said in a joint statement Jan. 8 on behalf of the International Coordination and Response Group for the Victims of Flight PS752 that Iran has refused to take full legal responsibility for the downing of Flight PS752, “despite our numerous attempts to engage in negotiations on this matter.”
“Justice shall prevail,” the ministers’ joint statement says. “Initiating these proceedings today reflects our commitment to the families who deserve justice. It also reflects our trust in the ICAO Council, and the international community writ large, as guardian of the safety and security of civil aviation, including by settling disputes when they arise.”
“It is necessary that those who violate the rules are held accountable,” the ministers said. “Our common hope is that this action, alongside our continued pursuit of justice at the ICJ, can lead to real change and prevent similar tragic losses in the future.”
Proceedings before the ICAO council usually take several years.
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