چکیده:
On 8 January 2020, the Boeing 737-800 operating the route was shot down shortly after takeoff from Tehran Imam Khomeini International Airport. All 176 passengers and crew died. The shoot-down occurred five days after U.S. President, Donald Trump, launched a drone strike that killed Iranian General Qasem Soleimani. The Iranian government initially denied responsibility for the airplane's destruction, but investigations revealed that the aircraft was shot down by a surface-to-air missile launched by Iran. The purpose of this summary is to address Role of Due Diligence Principle in Prevention of Air Accidents as such Ukrainian International Airlines Flight (752). It seems that by shot down of Ukrainian International Airlines Flight (752) Iran has violated its international obligations, as such the due diligence principle as a general principle of law, and consequently bear international responsibility.
خلاصه ماشینی:
Based on the principles of international law, which are specifically set forth in the 1944 Chicago Convention regarding international civil aviation and its annexes, states must take all necessary arrangements and maximum precautionary measures to protect the lives and property of passengers, aircraft crew, and other citizens.
" The present article consists of four sections; first, it addresses the concept and position of the principle of due diligence in international law; in the second section, it considers the role of this principle in preventing aviation accidents; and in the third section, it addresses the role of this principle in the downing of the passenger aircraft 1.
3- The role of the principle of due diligence in the downing of the Ukrainian passenger aircraft in Iran Paragraph 4 of Article 2 of the Charter obliges all member states to refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the purposes of the United Nations.
In the field of international legal acts, the 1969 and 1986 Vienna Conventions on the Law of Treaties have stipulated that if the mistake relates to a fact or situation that existed at the time of the conclusion of the treaty and this formed the essential basis of the consent of the state or international organization to be bound by the treaty, ← The protests expressed within Iran regarding the assassination of General Soleimani, commander of the Quds Force, changed after Iran finally admitted, after three days, that it had downed the Ukrainian aircraft and caused the death of 176 people.
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