Scientific Journal of Law and Modern Studies

Scientific Journal of Law and Modern Studies

Legal review of the liability of Ukraine International Airlines and the country of Iran in the case of Ukraine International Airlines Flight 752 in 2020

Document Type : Research Article

Author
PhD student in Public International Law, Payam Noor University, Tehran Branch, university lecturer, practicing attorney at a court. (Corresponding Author)
Abstract
On January 8, 2019, a Ukrainian plane crashed minutes after takeoff after being shot down by Iranian air defense missiles, killing all on board. The incident has raised numerous legal issues, including the Chicago Convention and civil liability for damages and compensation for the injured. The General Staff of the Iranian Armed Forces stated that the cause of the disaster was human error in identifying the target. This study focuses on examining the legal responsibilities of Ukraine International Airlines and the country of Iran in connection with the downing of the aforementioned plane. It seems that Iran has responsibilities in this regard, including prosecuting the individuals and institutions involved, compensating for material damages, and paying compensation. Given that the incident occurred in a situation where Iran was on war alert after the missile attack on the US Ain al-Assad base, and there was a possibility of cyber attacks that could have identified the plane as a false target. Despite these circumstances, the researcher believes that the responsibility for the flight of the aircraft lies with Ukraine International Airlines, and that the Iranian government is not responsible, especially considering the possibility of cyberattacks that may have been involved in identifying the target. Also, given the number of Iranian nationals killed in the incident, which could be considered self-inflicted, the lack of conscious intent in this incident is notable.
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  • Receive Date 07 April 2022
  • Revise Date 10 April 2022
  • Accept Date 16 April 2022