ICAO Rejects Iran's Complaint, Affirms Jurisdiction Over Ukrainian Flight Case

The Council of the International Civil Aviation Organization (ICAO) has rejected the Islamic Republic of Iran's objection regarding the case of the downing of the Ukrainian passenger plane, affirming its jurisdiction to handle the case. Following a complaint filed by Canada, Ukraine, the UK, and Sweden on January 8, 2024, against the Iranian government's actions in downing flight PS752, the Islamic Republic questioned the ICAO's authority instead of responding. However, on Monday, March 18, after reviewing its jurisdiction, the organization voted against Iran's claims by a majority. The families of the PS752 flight victims issued a statement announcing this news, stating: "For over five years, the Islamic Republic has consistently claimed that its technical report and explanations regarding the criminal downing of flight PS752 and the murder of 177 innocent people were accepted by international organizations, including ICAO." The families' statement noted that they had previously "proven" that "the Islamic Republic's explanations are a mix of lies and deception" and that the government has always attempted to "obscure the truth with its false propaganda and delay accountability for its unforgivable crime." In a statement marking the fifth anniversary of the PS752 crash, they warned Iranian officials that "if they contest this ruling, they will face a new case in the International Court of Justice. The opening of a second case against the Islamic Republic in The Hague will be another chapter in the quest for justice against this oppressive and criminal government." The Ukrainian plane, flight PS752, was shot down on January 8, 2020, by at least two missiles from the Islamic Revolutionary Guard Corps, killing all 176 passengers, most of whom were Iranian and Iranian-Canadian dual citizens. Citizens from Afghanistan, the UK, Germany, Sweden, and Ukraine were also killed in this incident. The flight was downed on the same day that the IRGC targeted the Ain al-Asad base in Iraq in retaliation for the killing of Qasem Soleimani by order of then-US President Donald Trump, and despite the risks from missile attacks in the region, Tehran did not close its airspace to commercial flights. After three days of denial, the Iranian government announced that the cause of the incident was "human error," a claim that the victims' families have rejected. Ukraine, Canada, the UK, and Sweden have also officially filed complaints against the Islamic Republic of Iran in The Hague for the downing of the Ukrainian plane, a move that has faced backlash from Iran. The families of the PS752 victims have repeatedly emphasized that the Tehran military court has not even been willing to show the faces and announce the names and identities of several accused members of the IRGC to the families seeking justice, despite claims of "fair handling" of the case. Additionally, the families' association has previously called for the prosecution of senior officials and commanders, including the commander of the IRGC Aerospace Force, the Secretary of the Supreme National Security Council, the commander of the IRGC, and other senior government officials, but the Tehran military court has not issued any rulings against any of these officials or senior IRGC commanders.