Iran Air Flight IR655

Shoot down of commercial air liner by United States Navy guided missile cruiser USS Vincennes

INTRODUCTION• On July 3, 1988, Iran Air Flight

655 was shot down by USS Vincennes on the Bandar Abbas-Dubai route. 290 on board died.

• According to the Iranian government, Vincennes negligently shot down the civilian aircraft

• According to the United States government, the crew incorrectly identified the Iranian Airbus A300 as an attacking F-14A Tomcat fighter

Background • In 1984 was a war between Iraq and Iran.

• A year after, Iraqi Air Force attacked the

USS Stark killing 37 American sailors.

• U.S. naval forces had exchanged gunfire

with Iranian gunboats in late 1987.

• The USS Samuel B. Roberts had struck

an Iranian sea mine in April 1988.

• Two months before the incident the US had engaged in Operation Praying Mantis, resulting in the sinking of the Iranian frigate Sahand.

• Tensions were high in the Strait of Hormuz.

Background (continuation )

• On 29 April 1988 the U.S. expanded the scope of its navy's protection .

• USS Vincennes was rushed to the area on a short-notice deployment, as a result of high-level decisions, to compensate for the lack of AWACS coverage.

• USS Vincennes arrived in Bahrain on 29 May 1988 under the command of cpt. Willian C. Rogers III.

• Due to the Narrow size of strait of Harmauz it was normal for Ships including war ships to enter the Iranian and Omani terrestrial waters.

Facts and FiguresFlight IR 655

The Plane Airbus A300B2

Registration: EP-IBU

Flown by CPT. Mohsen Rezaian(37) with 7000hrs

Left Bandar- Abbas 27 min after STD to DXB.

After take-off ATC directed over Persian gulf to main FL140 and descend for DXB.

A/C was transmitting correct squawk code and maintain continues English communication with ATC.

• IR 655 Was a Scheduled Flight Within the Internationally Designated Civil Air Corridor.

• Iran Air had operated for over 20 years the international air corridor, ATS route A59.

• At all times ,on 3 July 1988, IR 655 was within the lateral limits of airway A59

• The evidence shows that the U.S. warships was aware of IR 655's messages, which were being broadcast over open radio frequencies. This is demonstrated by the official investigation that the United States Government.

Facts and Figure (cont…)

USS Vincennes:

On 3 July, Vincennes was passing through the Strait of Hormuz.

A helicopter reported that it received small arms fires from Iranian petrol vessels.

Vincennes then pursued the Iranian gunboats, entering Iranian territorial waters to open fire.

It was in Iranian Waters at the time of incident.

Crew members of USS Vincennes account A/C was squawking on the Mode III.

USS Vincennes fired 2- missiles, one hit the A/C and it exploded and fell in the water, killing all on board.

Vincennes was one of five cruisers commissioned that carried the new Aegis combat system, a billion dollar computerized integrated battle management system. Aegis is an advanced, automatic detect-and-track, multi-function three-dimensional phased array radar, the AN/SPY-1.

Facts and Figures (conti….)

•Reactions.

The event triggered an intense international controversy, with Iran condemning the U.S. attack.

In mid-July 1988, Iranian Foreign Minister Ali Akbar Velayati asked the UNSC to condemn the United States saying the U.S. attack could not have been a mistake" and was a "criminal act", an "atrocity" and a "massacre.

V-President G.W. Bush Defended saying U.S. attack had been a wartime incident and that the crew of Vincennes had acted appropriately to the situation.

Soviet Union asked the U.S. to withdraw from the area and supported efforts by the Security Council to end the Iran–Iraq War.

Facts and figures (conti…)

•Security Council Resolution 616:

◦Expressing Deep regards on the incident.

◦Welcoming decision by ICAO on Iran’s request.

◦Began immediate investigation.

◦Welcomes the announcements of Iran , US cooperation for investigation.

US Government Elucidations:• Vincennes mistakenly identified IR 655 as military fighter.

• The ship's own Aegis Combat System recorded the flight plan of the Iranian airliner as climbing.

• Bandar Abbas dual role.

• Vincennes tried to contact 7 times on military and 3 times on civil frequency.

• But never on ATC frequencies.

• A/C not equipped to pick military frequency and message on civil frequency could directed to any A/C.

• More confusion aroused by difference in ground speed and actual airspeed.

• After attack crew realized it was an civilian airliner.

US Government Elucidations: (cont…)

•A report by Admiral William Fogarty stated,

Evidence shows fact that Iran Air Flight 655 was on a normal commercial air flight plan profile

In the assigned airway

Squawking Mode III 676

On a continuous ascent(not descend in attacking profile) in altitude from take-off at Bandar Abbas to shoot-down.

US Government Elucidations: (cont…)

• 2000 BBC documentary,

U.S. government stated the incident may have been caused by a simultaneous psychological condition amongst the 18 bridge crew of Vincennes called 'scenario fulfillment.

which is said to occur when persons are under pressure.

In such a situation, the men will carry out a training scenario, believing it to be reality while ignoring sensory information that contradicts the scenario.

In the case of this incident, the scenario was an attack by a lone military aircraft.

Iranian Government accounts

• Shooting down of IR 655 was an international crime.

• Iran does accept mis-identification of IR655.

• Vincennes had advanced Aegis radar that correctly tracked the flight and its Mode III beacon.

• Two other U.S. warships in the area identified the aircraft as civilian.

• Flight was well within a recognized international air corridor.

Iranian Government accounts

• U.S (NOTAM) of risk of defensive measure.

Civil aircrafts are at risk if they have not cleared from regional airport

If they came within 5 NM(9.3 km) of a warship at an altitude of less than 2,000 ft.

IR655 cleared all those limits but still been attacked.

Even If it had been an F-14 fighter, US would not have right to shoot it down as it was flying in Iranian airspace. And it did not make any attacking profile.

• Vincennes was in Iranian terrestrial waters at the time of incident when launch missiles.

• Regardless of the mistakes made by the crew, the U.S. was legally responsible for the actions of its warship under international law.

Independent sources• National Geographic Channel broadcast a

documentary on this incident titled "Mistaken Identity" as an episode of its Mayday series

• 3 years after the incident, Admiral William J. Crowe admitted on TV that Vincennes was inside Iranian territorial waters when it launched the missiles.

• Commander of USS Sides said that the destruction of the aircraft "marked the horrifying climax to Captain Rogers's aggressiveness“

• Captain Rogers had "an undeniable tendency towards at what I call 'picking a fight.'"

• The ship was known as “Robo Cruiser” , for its aggressiveness

• They also accused the U.S. government of a cover-up, but Admiral Crowe denied any knowledge

PRINCIPLES AND RULES OF LAWto the legal responsibility for the destruction of IR 655 and

the killing of the persons onboard.

•Chicago Convention.•The Montreal Convention.•The Treaty of Amity.•International law: particularly relating

to the use of armed force and respect for a State's territorial sovereignty.

Chicago Convention:Chicago Convention promotes the safe and orderly development of international civil aviation.

• Article 1 : Every State has complete and exclusive sovereignty over the airspace above its territory.

• Article 2 : "territory" includes the land areas (comprising, necessarily, any internal waters that may exist) and territorial waters adjacent to their sovereignty.

• Articles 44(a) and 44(h): Establishes the prohibition against the use of armed force in foreign territory.

The Montreal Convention of 1971.designed to deal with the suppression of unlawful acts against the safety of civil aviation and its passengers, crew and aircraft

• Article 1: Includes all acts of violence against the aircraft and persons on board likely to endanger the aircraft's safety as well as the destruction of an aircraft

• Article 3: links the State to the offence committed by a "person" under Article 1.

The treaty of Amity and commerce USA - IRANGuarantee freedom of commerce and navigation

•Articles IV(1) and X(1),One State in the internal and territorial waters of another State, leading to the loss of lives and the destruction of property, constitutes a violation of the obligation to guarantee freedom of commerce and navigation

International Law: Law of neutrality

•The United States has, throughout the conflict, repeatedly stated its neutrality. Indeed, the United States announced that it would observe "a strict and scrupulous attitude of neutrality” while being in the Persian Gulf.

Radio Communication

• IR655 was in radio contact with various air traffic control services using standard civil aviation frequencies, and had spoken in English to Bandar Abbas Approach Control.

• Vincennes at that time had no equipment suitable for monitoring civil aviation frequencies. Nevertheless, other warships in the area were equipped with VHF radios, and had access to the flight plan information.

• The official ICAO report stated that 10 attempts were made to contact Iran Air flight 655: 7 on military frequencies and 3 on commercial frequencies, addressed to an "unidentified Iranian aircraft"

• International investigations concluded that the crew of IR655 assumed that the three calls that they received before the missiles struck must have been directed at an Iranian P-3 Orion

Potential Factors• The ship's crew did not efficiently

consult commercial airliner schedules.

• The airliner's departure was 27 minutes later than scheduled.

• Officer Andrew Anderson : "The Combat Information Center (CIC) was very dark, and the lights flickered when Vincennes fired at some speedboats. Anderson, picked up Flight 655 on radar and thought that it might be a commercial aircraft. As he was searching in the navy's listing of commercial flights, he apparently missed Flight 655 because it was so dark."

Potential Factors• An Iranian P-3 Orion was in the area

some time before the attack, flying a "classic targeting profile”. Nonetheless, reports state that the Airbus was immediately detected after takeoff by Vincennes's AN/SPY-1 radar at a range of 47 miles (76 km).

• The psychology and mindset after engaging in a battle with Iranian gunboats.

• There are claims that Vincennes was engaged in an operation using a decoy cargo ship to bring Iranian gunboats into a fight. 

Request of Iran to USA

The Islamic Republic seeks 3 kinds of reparation for the violations by the United States of its international obligations: • First, it seeks declaratory relief, and accordingly it calls upon

the Court to adjudge and declare that the United States has violated its obligations under international law.

• Second, it submits that the Court should decide that the United States is under an obligation to cease and refrain from all such conduct as may constitute breaches of such obligations.

 • Third, it seeks reparation for the damages caused by the

United States in shooting down IR 655, in a form and an amount to be determined by the Court.

The United States refused to accept liability

The United States refused to accept liability for the destruction of IR 655

• Failed to offer any compensation to the Islamic Republic.

• Failed to take steps to guarantee the non-repetition of such an incident.

• The offer made, took the form of an “”ex gratia”” [Latin for "by favour“]. Payment was made to the victims but not to the Islamic Republic.

**Either the shooting down of IR 655 was intentional or it was grossly negligent. In either case, the United States actions still have the character of an international crime and the United States bears full responsibility.

Aftermath• Inside Iran, this shoot-down was perceived as a

purposeful attack by United States• 1996, the United States agreed to pay Iran US$131.8

million in settlement to discontinue a case brought by Iran in 1989 against the U.S. in the ICJ

• $300,000 per adult victim and $150,000 underage victim.• The U.S. government issued notes of regret for the loss of

human lives, but never apologized or acknowledged wrongdoing

• George H. W. Bush, the vice president of the United States at the time said: "I will never apologize for the United States — I don't care what the facts are... I'm not an apologize-for-America kind of guy.“

• The incident overshadowed Iran–United States relations for many years

Duty Medals• Despite the mistakes made in the

downing of the plane, the men of the Vincennes were awarded Combat Action Ribbons for completion of their tours in a combat zone.

• CAPT Will C. Rogers III  received the Navy Commendation Medal for his actions relating to the surface engagement with Iranian gunboats.

• In 1990, Rogers was awarded the Legion of Merit "for exceptionally meritorious conduct in the performance of outstanding service as commanding officer ... from April 1987 to May 1989."

Conclusion

Investigation shows ,the destruction of IR655 was a mix of mistakes and aggressiveness of the captain and crew of the USS Vinesennes due to Incidents happen before in the Persian Gulf due to Iran-Iraq War, the incident took 290 innocent lives including children.United States must had have apologize and assume their responsibilities, they must assure Iran that this kind of incident won’t happen again. They must compensate all liabilities of Islamic republic of Iran.The crews of the USS must be punished instead of giving medals and honor if US really think it was a mistake.