Passengers & crew taken hostage in Kuwait in 1990 sue British Airways

Legal battle over 1990 Kuwait hostage crisis continues.

British Airways is currently defending itself in a High Court case brought by over 100 individuals who were passengers and crew on flight BA149, which landed in Kuwait on 2 August 1990, coinciding with Iraq’s invasion of the country. The plaintiffs allege that the airline permitted the flight to proceed despite warnings of imminent danger, leading to their capture by Iraqi forces.

The claimants, including the estates of deceased victims, assert that during their captivity, they were subjected to severe mistreatment, including torture, sexual assault, and mock executions. They are pursuing legal action against both British Airways and the UK government, accusing them of negligence and misfeasance in public office.

Central to the lawsuit is the allegation that the flight was used to transport British intelligence personnel into Kuwait under the guise of civilian travel. The plaintiffs claim that approximately eight individuals on board were military or quasi-military operatives on a covert mission, not listed on the passenger manifest but known to the flight’s captain.

British Airways, a subsidiary of International Airlines Group, denies any wrongdoing. The airline contends that it had no prior knowledge of the Iraqi invasion and took reasonable steps to ensure passenger safety. Furthermore, it refutes claims of collusion with the UK government or awareness of any intelligence operatives on the flight.

The airline’s legal team argues that the claims are time-barred under the Warsaw Convention, which imposes a two-year limit for such cases. They also highlight that some crew members had previously accepted settlement payments ranging from £3,000 to £15,000, which included clauses preventing further legal action.

Despite these arguments, the plaintiffs maintain that the airline and government knowingly endangered civilians by allowing the flight to land amid escalating tensions. They cite communications from a British official in Kuwait who allegedly advised against flights landing after midnight on the day of the invasion. Flight BA149 landed at approximately 4:15 am local time, making it the only flight to arrive in Kuwait City after the advised cutoff.

The UK government has yet to release its defence documents and has declined to comment on the ongoing litigation. The case continues to draw attention due to its implications for government accountability and the responsibilities of airlines during times of conflict.