IATA warns Nations about Aviation Conflict Zones; where’s ICAO???
[map source: LORAN]
Willie Walsh, Director General, (International Air Transportation Association (IATA) , has issued the below reminder (more apt-reprimand?) to nations of their SUBSTANTIAL INTERNATIONAL TREATY OBLIGATIONS to PROTECT civil air transportation from conflict emanating within their sovereign lands. Mr. Walsh heads an organization of the world’s airlines, and his message is not directed to his members, but to the Nations of the INTERNATIONAL CIVIL AVIATION ORGANIZATION (ICAO).
This UN agency was established in 1946
To serve as the global forum of States for international civil aviation. ICAO develops policies and Standards, undertakes compliance audits, performs studies and analyses, provides assistance and builds aviation capacity through many other activities and the cooperation of its MEMBER STATES and stakeholders.
The international authorities cited by Mr. Walsh flow from the United Nations through to ICAO. Remonstrations for Nations’ failures to meet these agreed to standards should be articulated by Mr. Salvatore Sciacchitano, President of the organization governing Council. A general search and an inquiry though its website found no such public messages.
What has ICAO done to protect civil aviation from nations which have not/cannot meet their obligations to protect international passengers.
In response to the MH-17 shoot down, ICAO published a Conflict Zone website that it eventually shut down with no external explanation. A Reuters report of this termination used the ambiguous term “patchy”. An official declaration by ICAO that one of its Members is not complying with this essential safety mandate, to protect innocent passengers would embarrass one of the Members who control the salaries of the professional staff. Additionally, deletion of this airspace security website may have been an acknowledgement that confidential information may have been shared with the operators on a real time basis.
In lieu thereof, it has issued the Third Edition of the International Civil Aviation Organization (ICAO) Risk Assessment Manual for Civil Aircraft Operations over or near Conflict Zones (Doc 10084) addresses the risk from both deliberate attacks and unintentional impacts on civil aircraft, in order to assist Member States and industry in making decisions on flying over or near conflict zones at cruising altitudes. This most recent advisory information explainsthe risks from surface-to-air missiles (SAMs), including ballistic missiles, surface-to-surface missiles (SSMs), air-to-air attacks, and provide guidance on conducting conflict zone airspace closures, reassessing post conflict zone airspace.
While all of those insights are useful, the leader of global aviation safety should be the one to be explaining to his 192 Members that failure to comply such important standards to which they agree—i.e. Article 13 of the Universal Declaration of Human Rights, Article 48 of the Fourth Geneva Convention and the strong strictures of international law—could have consequences vis-à-vis membership. Many nations receive support from ICAO and those benefits enhance the recipient nation’s connection with global commerce and thus the local economy. A tragic destruction of passenger aircraft likely would result in the loss of such positive support.
Statement on the Importance of Protecting Civil Aviation During Times of Conflict
Translation: 国际航协关于冲突时期保护民航安全的声明 (pdf)
Geneva – The International Air Transport Association (IATA) released the following statement REMINDING GOVERNMENTS OF THE IMPORTANCE OF PROTECTING CIVIL AVIATION, including airport and air navigation infrastructure, during times of conflict.
“Civil aviation fulfils a purpose that transcends politics to ‘create and preserve friendship and understanding among the nations and peoples of the world’. The Chicago Convention, signed eighty years ago as the Second World War raged, begins with those words. They are a timeless reminder of civil aviation’s essential and unique role in connecting people and delivering goods over vast distances. In the turbulent world of 2024, the truth of the Chicago Convention’s preamble rings loudly.
We all want to live in a world at peace. Sadly, today, that is far from reality for many people. That is why it is necessary to remind all involved in conflict of the NEED TO ENSURE THAT FLIGHTS ARE SAFE, and that critical airport and air navigation infrastructure is not targeted in any hostilities.
Civil aviation does not take sides in political conflicts. As an industry that requires the effective implementation of global standards to operate, aviation upholds global standards and the international rules-based order on which they rely. As the name implies, civil aviation serves the civilian population. It must be kept out of harm’s way by all actors in a conflict. This is the firm belief of IATA. More importantly, it is the unquestionable obligation of governments under international law. For example:
- Article 13 of the Universal Declaration of Human Rights protects the freedom of movement domestically and internationally.
- Article 48 of the Fourth Geneva Convention holds that combatants in conflict must not target civilian objects.
- Basic norms of customary international law require that all parties to a conflict allow and facilitate the rapid and unimpeded passage of humanitarian relief for civilians in need and ensure the freedom of movement of authorized humanitarian relief personnel.
These international legal obligations will be unfulfillable should the line between military and civil aviation blur, even in the slightest. That would bring deeply troubling consequences for innocent populations trying to survive through conflict, and especially for those in need of humanitarian aid.
Moreover, the Chicago Convention explicitly obliges states to protect civil aircraft and passengers in flight, refrain from the use of force against civil aircraft, and by corollary coordinate and communicate any activities potentially hazardous to civil aviation. These are essential to keep flying safe.
As the world works towards more peaceful days, aviation will support the effort by connecting people and goods. In the meantime, combatants must know and abide by the rules of conflict and humanitarian assistance as laid out in international law. To simplify: do no harm to civilian aircraft, airports or air navigation services. This is non-negotiable and must be respected, even at the height of hostility.”
Willie Walsh, Director General, IATA
