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Canada, allies taking Iran to International Court of Justice over downing of Flight PS752

Canada, allies taking Iran to International Court of Justice over downing of Flight PS752

Canada, Sweden, Ukraine and the UK say they’ll proceed their efforts to carry Iran legally accountable for capturing down Flight PS752 and killing 176 individuals by referring the matter to the Worldwide Courtroom of Justice.

The 4 international locations, which make up the Worldwide Coordination and Response Group shaped to hunt accountability and reparations for the victims’ households, introduced the transfer Thursday after the deadline handed for Iran to undergo arbitration underneath the Montréal Conference.

The conference requires events to ban, stop and punish sure offences involving plane, together with the illegal and intentional destruction of an plane in service. Canada, Sweden, Ukraine, the U.Okay. and Iran are all events to the conference, which was signed in Montreal in 1971.

The response group triggered the conference course of in December, giving Iran six months to sign its participation in arbitration, which it didn’t do.

“Accordingly, the Coordination Group intends to pursue our collective effort to make sure Iran is held accountable for the illegal downing of Ukraine Worldwide Airways Flight 752 by referring the dispute to the Worldwide Courtroom of Justice as quickly as is practicable.”

International Affairs Minister Mélanie Joly met with the households of the victims Thursday morning to replace them on the response group’s subsequent steps. 

“These households deserve transparency, accountability and justice and we is not going to relent in our efforts to hunt it by worldwide legislation,” Joly mentioned in an announcement. “Impunity will not be an choice for the Iranian regime.”

Triggering the Worldwide Courtroom of Justice course of will take a number of days as a result of it requires the Iranian Embassy at The Hague to be open, however it stays closed till the top of the week for Eid al-Adha, the vacation that marks the top of Ramadan. 

Flight downed on Jan. 8, 2020

Iran’s Islamic Revolutionary Guard Corps (IRGC) shot down the Ukraine Worldwide Airways flight shortly after takeoff in Tehran on Jan. 8, 2020. Two surface-to-air missiles hit the aircraft, killing all on board — together with 55 Canadian residents, 30 everlasting residents and others with ties to Canada.

The households of the victims of Flight PS752 started their struggle for compensation in 2020. Final 12 months, an Ontario courtroom awarded them $107 million, however legal professionals warned that truly getting Iran to pay the damages could be very tough. Iran didn’t defend itself in courtroom, making it a default judgment.

Attorneys representing the households went to courtroom searching for permission to grab three properties in Ottawa and withdraw cash from financial institution accounts on the Royal Financial institution of Canada and Scotiabank maintained by Iran.

The legal professionals argued that Iran’s rights to diplomatic immunity ended a decade in the past when Canada expelled Iranian diplomats from the nation.

In January, the Ontario Superior Courtroom of Justice dominated that the victims’ households can not seize these properties or financial institution accounts on Canadian soil as a result of the federal authorities considers these belongings the property of the Islamic Republic of Iran and are protected underneath worldwide legislation.

Because the fall, Canada has imposed sanctions on 163 people and 192 entities in Iran, together with the IRGC and members of the regime’s safety safety intelligence and financial equipment.

International Affairs Canada has mentioned that these sanctions successfully freeze any belongings Iran could have in Canada.

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