Can Iran Sue the US Over Aviation Sanctions?

A lawyer, stressing the need to pursue legal action against sanctions on Iran's airlines, said Iran could invoke the Chicago Convention to raise the issue of these sanctions and their impact on civil aviation safety at ICAO, and, where legal conditions allow, also make use of arbitration mechanisms and the International Court of Justice.

According to Arjan's ambassador, Ali Bahmani Qajar, a lawyer, referring to the secondary sanctions on Iran Airlines by the United States and the imposition of these sanctions by various countries, stated: The secondary sanctions on Iran Airlines by the United States and the imposition of these sanctions by various countries are an illegal and inhuman act and contrary to the principles of international law regarding the duty of governments to develop friendly relations and cooperation with each other, as well as an action aimed at targeting the Iranian people and harming them.

He added: Iran should put legal action in response to these sanctions on its agenda. In this regard, Iran can raise the issue of sanctioning its airlines based on the dispute resolution rules of the Chicago Convention (International Civil Aviation Convention 1944) through the ICAO Council.

Referring to Article 84 of the Chicago Convention, this lawyer said: This article stipulates that if any dispute between two or more committed governments regarding the interpretation or implementation of this convention and its annexes is not resolved through negotiation, the ICAO Council will decide on it at the request of any government interested in the dispute.

Bahmani Qajar continued: This article has the condition of previous negotiation; It means real negotiations or serious attempts to negotiate that have reached an impasse. After the decision of the Council, any party can appeal to the International Court of Justice (ICJ) or an ad hoc arbitral tribunal (as agreed by the parties) within 60 days from the date of notification of the decision; This issue is mentioned in articles 84 and 85.

He added: The decisions of the International Court of Justice or the Court of Arbitration are final and binding. If there is no agreement on the composition of the arbitration court, the mechanism of Article 85 will be applied to appoint arbitrators. Also, ICAO Rules for the Settlement of Differences (Doc 7782) have specified procedural details.

Stating that this mechanism is specific to disputes related to the interpretation or implementation of the Chicago Convention and its appendices, this lawyer stated: Considering that the US sanctions against Iran's airlines, especially the restriction of access to spare parts, maintenance services, fuel, insurance and safety-related services, can be in conflict with the principles and goals of the convention, Iran can pursue this issue through legal mechanisms.

He continued: These items include the objectives of Article 44 of the Convention, including the safe, orderly, efficient and economic development of international aviation and the prevention of discrimination, the principles related to the safety of civil aviation, the introduction of the Convention on the role of aviation in friendship and understanding between nations and Article 4, i.e. the prohibition of the use of national aviation for purposes contrary to the Convention.

Bahmani Qajar clarified: There are reports from ICAO that confirmed the impact of sanctions on safety. Based on the mentioned articles, Iran can raise the issue of violation of the Chicago Convention by the United States and the countries that follow the sanctions in the ICAO Council.

Referring to the case of Iran against the United States in the International Court of Justice, he said: Earlier in the case of Iran against the United States in the case of "alleged violations of the Treaty of Amity, Economic Relations and Consular Rights of 1955" (complaint of Iran against the United States of America), the International Court of Justice in the temporary order of October 3, 2018, has mentioned the aspects related to the safety of civil aviation.

This lawyer continued: Therefore, Iran can refer the issue of embargoing its airlines to the ICAO Council as a dispute related to the interpretation or implementation of the Chicago Convention; Of course, after negotiations or proof of deadlock in the negotiations. If necessary, he can appeal the council's decision to the International Court of Justice or ad hoc arbitration.

Bahmani Qajar further considered the use of the capacity of the Montreal Convention 1971 (prevention of illegal acts against the safety of civil aviation) as Iran's other solution and said: This convention (Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation) mainly deals with crimes such as sabotage, attacks on airplanes, airports and civil aviation facilities, which Iran has joined.

Referring to Article 14 of the Montreal Convention, he stated: This article stipulates that any dispute between two or more contracting states regarding the interpretation or implementation of the Convention, which cannot be resolved through negotiation, will be referred to arbitration at the request of one of the parties.

This lawyer added: If the parties cannot agree on organizing the arbitration within 6 months from the date of the arbitration request, each of them can refer the dispute to the International Court of Justice (ICJ). States may declare a reservation (non-acceptance of this clause) when signing, ratifying or acceding.

He continued: This mechanism was also invoked in the case of the crash of flight PS752 (Ukraine International), and some governments referred to the International Court of Justice after failing to reach an agreement on arbitration.

In the end, Bahmani Qajar emphasized: Of course, it should be noted that the Montreal Convention mostly deals with physical and violent actions against aviation safety, and it must be proven that the sanctions had an impact on civil aviation safety in order to benefit from the mechanisms of this convention.