Legal Analysis of State Responsibility in Civilian Aircraft Accidents: Downing of Ukrainian International Airline Flight PS752
Date
2025-01-10
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
ORCID
Type
Thesis
Degree Level
Masters
Abstract
The international civil aviation framework explicitly prohibits the use of weapons against civilian aircraft in flight, a principle firmly embedded in customary international law and reinforced by conventions such as the 1984 amendment to the Chicago Convention. Article 3bis of this amendment mandates states to ensure civil aviation safety within their airspace, advocating non-violent measures in cases of unauthorized entry. Despite this robust legal framework, incidents involving the downing of passenger airliners by states continue to occur, revealing a significant gap between legal norms and state behavior.
While international mechanisms like the Draft Articles on State Responsibility address such violations, many states evade formal responsibility, opting for ex-gratia payments without acknowledging fault. This practice, which contrasts with the need for formal accountability, highlights the inadequacies of the current international regime. The case of Flight PS752, shot down by Iran, underscores these issues, with Iran’s commitment to compensate reflecting moral responsibility rather than legal admission of wrongdoing.
This thesis argues that despite clear legal frameworks, international law often fails to hold states accountable due to the shield of territorial sovereignty and political considerations. Geopolitical interests often overshadow the enforcement of international legal obligations, leading to actions that contradict established norms. The lack of effective enforcement mechanisms, like judicial bodies with mandatory jurisdiction, leaves victims without real recourse, as breaches of international law go unpunished. To address these issues, the international legal system must evolve by limiting certain aspects of state sovereignty in areas like shooting down civilian aircraft, reducing the reliance on state consent, and strengthening international responsibility. Prioritizing accountability over ex-gratia financial compensation is essential for upholding the rule of law, preventing future tragedies like the downing of PS752, and reinforcing civilian protection in global aviation.
Description
Keywords
International Legal Framework, Civilian Aircraft, Shooting Down, Flight PS752, Accountability, Sovereignty, Enforcement
Citation
Degree
Master of Laws (LL.M.)
Department
Law
Program
Law