PS752 case advances as Iran's legal challenge fails

People hold placards with images of the victims of the downing of Ukraine International Airlines flight PS752, which was shot down near Tehran by Iran's Revolutionary Guards, as they gather to take part in a march to mark its first anniversary, in Toronto, Ontario, Canada January 8, 2021.
People hold placards with images of the victims of the downing of Ukraine International Airlines flight PS752, which was shot down near Tehran by Iran's Revolutionary Guards, as they gather to take part in a march to mark its first anniversary, in Toronto, Ontario, Canada January 8, 2021.

The International Civil Aviation Organization (ICAO) has rejected Iran's objection to a lawsuit filed by four nations over the 2020 downing of Ukraine Flight PS752, bringing them a step closer to holding Tehran accountable, officials said Monday.

"Today, on 17 March 2025, the Council of the International Civil Aviation Organization (ICAO) rejected Iran’s preliminary objection in the case of Flight PS752," a UK Government spokesperson said.

"This decision takes us a step closer to holding Iran to account for its illegal downing of Flight PS752 in January 2020."

The ICAO Council's decision allows Canada, Sweden, Ukraine, and the United Kingdom to proceed to the next phase of their case against Iran, which alleges the downing of the civilian airliner was unlawful.

Ukrainian Foreign Minister Andrii Sybiha confirmed the ruling on X, saying, "Iran attempted to challenge the jurisdiction of the ICAO Council regarding the complaint over the downing of the civilian airliner. But the Council ruled in favor of Ukraine, Canada, Sweden, and the UK and moving the case to the merits."

The Boeing 737-800 NG, operating flight PS752 from Tehran to Kyiv, was shot down by Iran's Islamic Revolutionary Guard Corps (IRGC) shortly after takeoff on January 8, 2020, killing all 176 passengers and crew. Iran initially denied responsibility but later admitted its air defense operator mistakenly identified the plane as a hostile target.

The ICAO ruling comes after years of legal battles and demands for accountability from the families of the victims. "We remain committed to seeking justice, transparency, and accountability for the 176 innocent victims and their families," the UK government spokesperson said.

The Association of Families of Flight PS752 Victims welcomed the decision, saying, "Now, with this condemnation, it is clear to all how little credibility this regime and its deceptive statements hold in the international community."

The four countries initiated a dispute review at ICAO in January 2024, alleging Iran violated the Chicago Convention, which guarantees the safety of civilian flights. They have also filed a complaint with the International Court of Justice (ICJ).

Iran's Foreign Ministry criticized the legal actions as hasty and unjustified, maintaining the downing of the plane was not intentional or deliberate. Ali Mousavi, the ministry’s director-general of legal affairs, urged the four countries to reconsider their stance.

Families of the victims have also pursued legal action within Iran, but have criticized the process for lacking transparency. Lawyer Mahmoud Alizadeh Tabatabai, representing several families, said they were denied access to key evidence.