Iran has taken Canada to the International Court of Justice, the United Nations' top court, over a dispute concerning state immunity. The case, filed by Iran and announced by the International Court of Justice on June 28, accuses Canada of violating state immunity by allowing relatives of victims of terrorism to seek reparations from the Islamic Republic.
Iran argues that Canada is obligated to respect Iran's jurisdictional immunity under international law and should not permit civil claims or foreign judgments against Iran "for alleged support to, or acts of, terrorism.”
The case specifically references the Ontario Superior Court's ruling that the Iranian military's downing of Ukraine International Airlines Flight PS752 in January 2020 constituted an act of terrorism. The tragedy claimed the lives of all 176 people on board, with over 100 victims having Canadian citizenship or residency.
Over 100 of the Iranian victims had Canadian citizenship or residency, prompting some families of the victims to sue Iran in a Canadian civil court.
By designating the shootdown as an act of terrorism, the Canadian court enabled the families of the victims to bypass Iran's legal immunity and seek compensation for their losses. Typically, foreign nations enjoy immunity from suits in Canadian courts. The Ontario court awarded a total of $107mn CAD in compensatory and punitive damages, plus interest, to the families involved in the lawsuit.
Just hours before the shootdown, Iran had fired ballistic missiles at American bases in Iraq in retaliation for the U.S. drone strike that killed top Iranian general Qassem Soleimani in Baghdad.
Iran initially denied responsibility but later publicly apologized, attributing the incident to an air defense operator's mistake. The operator reportedly mistook the Boeing 737-800 for an American cruise missile in the midst of heightened tensions between Iran and the United States.
Iran's case against Canada at the International Court of Justice, located in The Hague's Peace Palace, is expected to be a lengthy process. The court's rulings are final and legally binding.
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