International Aviation Safety and Security DR. IVA SAVIĆ DEPARTMENT FOR MARITIME AND TRANSPORT LAW NOVEMBER, 22ND 2018 ISAVIC@PRAVO.HR
Aviation safety and security two sides of the same coin SAFETY Encompassing every aspect of aircraft production, air transport operations, air navigation procedures, crew licensing and behaviour Techonolgy-induced risk SECURITY Offences > crimes > terrorism Human-induced risk
Aviation Safety
Achieving global consensus since the beginning ICAO-driven Chicago Convention, Art. 31-33 SARPs setting safety benchmark Drafted by Air Navigation Commission > ICAO Council needs to support it by 2/3 of the members > added to appropriate annex Annex 1 guidelines for personnel licensing Annex 2 guidelines for the rules of the air Annex 6 standards for the operation of the aircraft Annex 8 rules for the airworthiness of the aircraft Annex 18 standards for transport of dangerous goods by air Other publications: plans, manuals, circulars etc. Providing technical expertise and financial aid to assist States
Safety oversight Who is responsible for ensuring that aircraft meet safety standards? What are the sanctions for states noncomplicance? Who is monitoring them? ICAO s Safety Oversight Program Universal Safety Oversight Audit Program (USOAP), established in 1999 Assesing states capabilities on performance in 8 areas Continuos monitoring approach Results available to all other ICAO member states
Safety oversight in the EU EU Ramp inspections Programme Safety Assesment of Foreign Aircraft (SAFA), established in 1996 Since 2004, MS have obligation to perform inspections on third-state aircraft landing at their aerodromes New programme since 2012 (Regulation 965/2012) ramp inspection - inspection of (suspected) aircraft, flight and cabin crew qualifications and flight documentation in order to verify the compliance with applicable requirements limited to on-the-spot assessments Conducted by competent authorities of MS and EASA SAFA ramp inspections of aircraft used by third country operators ICAO standards SACA ramp inspections of aircraft used by EU operators EU standards * blacklisted airlines - Community list of air carriers subject to an operating ban within the EU (Regulation 2111/2005)
Aviation Security
LOCKERBIE, 1988 Pan Am Flight 103
NYC (U.S.), SEPTEMBER 11, 2001 American Airlines Flight 11 United Airlines Flight 175 American Airlines Flight 77 United Airlines Flight 93
Chiciago Convention, Annex 17 Security: Safeguarding International Civil Aviation Against Acts of Unlawful Interference SARPs for international aviation security, first adopted by the ICAO Council in March 1974 Objectives: administrative and co-ordination aspects technical measures for the protection of the security of international air transport requiring each State to establish its own civil aviation security programme
Act of unlawful interference a criminal act that can be broadly identified as an act of terrorism > offence against established principles of law a) direct attack on an airline, its passengers and crew or on other related properties or b) an act of seizure of an aircraft for the illegal carriage of narcotics by air Different definitions under different regimes (intl conventions)
Hijacking first recorded instance: Peru, 1930 Popular since early stages of modern commercial intl air transport (1946-1960), continuing through 1960s US-Cuba relationship contributed to a very large number of them (political refugees) Continuing popularity during 1970s and 1980s Passenger hostage ransom (1972: Western Airlines Flight 701 from Los Angeles to Seattle, Vietnam veteran threatening with a bomb, asking for 500.000 USD) Promoting political objectives (1981: Pakistan International Airlines's flight PK-326, hijackers demanding release of 92 prisoners from Pakistani jails)
Other acts of unlawful interference Aviation sabotage (bombings and attempted bombings) shootings on board civil aviation aircraft shootings/missile atacks against aircraft Aviation incidents (in general aviation) armed attacks at airports off-airport facility attacks
International Aviation Safety and Security - part II - DR. IVA SAVIĆ DEPARTMENT FOR MARITIME AND TRANSPORT LAW NOVEMBER, 29TH 2018 ISAVIC@PRAVO.HR
LAW AND JURISDICTION OVER OFFENCES ON BOARD AIRCRAFT
MH 17, 2014 Malaysian Airlines Flight 17
MH 17, 2014 KLM Flight 4103 from Amsterdam to Kuala Lumpur Boeing 777, shot down by Russian Missile 283 passengers and 15 crew perished - deadliest airliner shootdown (Dutch Senator, Delegates to 20th Intl. AIDS Conference) Malaysia Proposes UN Security Council set up International Tribunal to Prosecute Those Responsible > Russia Vetoes Proposal
MH 17 JIT investigation 24 May 2018 JIT concluded that the Buk Missile that shot down the flight came from the Russian 53rd Anti-Aircraft Missile Brigade in Kursk Russia denies this, saying that no Russian BUK crossed the border into the Ukraine It is undisputed that it was a Russian BUK missile that shot down MH17 This type of weapon is unlikely to have been obtained by non-state actors without knowledge of and support by a State (!)
ICAO s response Document 10084, Risk Assesment Manual for Civil Aircraft Operations Over or Near Conflict Zones, 2018
CONFLICT ZONES LEVEL 1 (red) do not fly LEVEL 2 (orange) danger exists LEVEL 3 (yellow) caution www.safeairspace.net
International conventions Tokyo Convention, 1963 The Hague Convention, 1970 Montreal Convention, 1971 Convention on Compensation for Damage to third parties, resulting from Acts of Unlawful Interference involving Aircraft, 2009 Protocol Supplementary To The Convention For The Suppression Of Unlawful Seizure Of Aircraft (Beijing Protocol, 2010)
TOKYO CONVENTION, 1963 / 1969 The Convention on Offenses and Certain Other Acts Committed on Board Aircraft Objectives: To determine the applicable penal law when offence has been commited above territories not belonging to any particular state or at place that cannot be precisely located To define the rights and obligations of the aircraft commander in respect of those offences To the define the rights and obligations of the authorities of the place where aircraft lands after an offence
TOKYO CONVENTION (cont. d) Subsidiary application (see Art. 3/3 national law!) Competence of the state of registration of aircraft* What does in-flight mean? (Art. 1/3) What constitutes an offence? What is a good order? In-flight security officers
HAGUE CONVENTION, 1970 Convention for the Suppression of Unlawful Seizure of Aircraft made hijacking an internationally punishable offence > rules on the pursuit and punishment of hijackers Applies also to domestic flights but it applies only if the place of take off and place of landing are outside the State of registration of the aircraft there is no obligation to prosecute (!)
MONTREAL CONVENTION, 1971 The Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation Art. 1. defining what an offence is > endangering the safety of the aircraft (in flight)* Contracting states undertake the duty to take all necessary steps to prevent the offences and impose severe penalties with regard to them the best attempt so far at attempting to control or curb the offence of hijacking on an international level
UNRULY / DISRUPTIVE PERSONS ON BOARD AIRCRAFT https://www.her.ie/life/videodublin-bound-ryanair-flightdiverted-after-drunk-passengerstrips-off-218499