We, Ministers representing Canada, Sweden, Ukraine and the United Kingdom, have taken concrete action today to ensure that our efforts to hold Iran to account for the unlawful downing of Ukraine International Airlines Flight 752 (Flight PS752) can progress to the dispute settlement phase.
In particular, we have requested that Iran submits to binding arbitration of the dispute related to the downing of Flight PS752 by 2 surface-to-air missiles launched unlawfully and intentionally by members of Iran’s Islamic Revolutionary Guard Corps (IRGC) air defence unit pursuant to Article 14 of the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation of 1971.
The Coordination Group remains committed to pursuing efforts to hold Iran accountable for its multiple breaches of its international legal obligations pursuant to several treaties. This action is part of our broader approach to ensuring there is transparency, justice and accountability the victims and their families.
Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation
This Convention is also known as the 1971 Montreal Convention. Canada, Sweden, Ukraine, the United Kingdom and Iran are all Contracting States to this Convention.
This Convention requires states to prohibit, prevent and punish certain offences against civil aviation, including the unlawful and intentional destruction of an aircraft in service.
Contracting States also have international legal obligations under this Convention related to the prosecution or extradition of persons in their territory who are alleged to have committed an offence against civil aviation. The State that has taken custody of the offender or alleged offender shall immediately make a preliminary enquiry into the facts and notify the interested States of its findings. The State must also report to the Council of the International Civil Aviation Organization, as promptly as possible, any relevant information in its possession, including the circumstances of any offence against civil aviation.
Contracting States are also under an obligation to endeavour to take all practicable measure for the purpose of preventing the offences mentioned in Article 1 of this Convention, including the destruction of an aircraft in service.
The Convention provides that any dispute between two or more States concerning the interpretation or application of this Convention that cannot be settled through negotiation shall, at the request of one of the parties, be submitted to arbitration. If the parties cannot agree on the terms for organizing an independent arbitral tribunal with jurisdiction to hear this litigation within 6 months, any party may refer the dispute to the International Court of Justice.