Flight BA149 was en route from London to Kuala Lumpur on 2 August 1990, stopping in Kuwait to disembark a British Army Special Forces Unit (SAS), just hours after Iraqi forces invaded the country.

The passengers were taken hostage by Iraqi soldiers and, after a short stay in a hotel, transported to Baghdad to be used as human shields against invading Western forces. Some of the 367 passengers and crew were held captive for up to four months. According to the law firm, they were abused, starved and raped.

The British government has always stated that responsibility for the hostage-taking lies with the regime of the then Iraqi President, Saddam Hussein. British Airways has consistently said it was unaware of the impending invasion.

However, documents released in 2021 showed that the British ambassador had warned the government that Iraqi troops had crossed the border into Kuwait. However, according to British Airways, the flight was not diverted because the company was not notified.

With the lawsuit, the victims “want the truth to come out,” according to their attorney. They claim to have proof that not only the British government, British Airways also knew about Iraq’s invasion of Kuwait.

“The lives and safety of innocent civilians have been sacrificed by the British government and British Airways to support military operations,” said Matthew Jury, partner at McCue Jury & Partners, in British newspapers Independent. “Both of them have hidden and denied the truth for more than thirty years. The victims and survivors of flight BA149 have the right to get justice because they are made collateral.”

The case will go to the UK Supreme Court in early 2024. The victims want compensation averaging 170,000 pounds (around 198,000 euros) per person.