Today we are going to talk about interceptionón of civil aircraft after the decisionón of the national government about having a demolition law of aircraft.
Post written by: Maximiliano Naranjo Iturralde
A propósite of the correct and necessary decisionón adopted by the national government, to install a radar on the hill “Montecristi”, located in the province of Manabí, whose purpose is to control the operationón of aircraft entering spaceéillegally convicted, It is necessary to put the legal issue in contextíapplicable saying, the same thing that says relationshipón with the principle of sovereigntyíthe full and exclusive power exercised by States over their spaceéreo.
As a result of the downing of an aircraft of Korean Airlines, KAL flight 007, the 25th° períextraordinary session of the ICAO General Assembly, approvaló, the 10 May 1984, the Protocol of amendment to the Convention on Aviationón Civil International (Chicago, 7 from December to 1944), incorporating artíass 3 bis, whose core part establishes:
“Every State must refrain from resorting to the use of weapons against civil aircraft in flight and that, in case of interceptionón, The lives of aircraft occupants or the safety of passengers must not be endangered. éstas. This is available to youóI can't interpretá in the sense that the rights and obligations of States stipulated in the Charter of the United Nations are modified in no way”.
According to this standard, it is obligatoryón of all States publish their regulationsón on interceptionónumber of civil aircraft. The equator, a través of the Directionón of Aviationón Civil, issuedó la Regulationón (RDAC parte 91), that consults the regulations applicable to interceptionónumber of civil aircraft. The cited Convention, only applies to civil aircraft, and not to state aircraft (used in military services, customs or policeía).
The Force AéEcuadorian area (FAE), is in charge of operating the primary radars -like the one to installá on the Montecristi hill, and the managementón General of Aviationón Civil (DAC), are secondary radar; the first, to detect low-flying aircraft, and, the second, to control the tránsito aéconvict of the aircraft that follow the aerovíthose authorized, but they do not detect those that fly at low altitude.
Are the traffic servicesánsito aéreo, which operates the secondary radar of the DAC, those who inform the FAE of those unidentified aircraft or those that have violated the spaceéprisoner without authorizationón, for what, exhausting all necessary measures, proceed to contact the aircraft, before the interception proceedsón, always guaranteeing the life of its occupants and the safety of aircraft in flight.
The purpose is to make the reasons that gave rise to such an accident disappear.ón, already for having entered the space toéreo without authorizationón, already for breaking the traffic rulesánsito aéreo, or for considering that they are used for purposes incompatible with the Chicago Convention. The interceptionón it is done as úlast resort, and, to occur, should be limited to determining the identity of the aircraft, make her return to her defeat (course or route) planned, direct it más allá of the límites of spaceénational prisoner, to leave the sector overflown for reasons of national security, if this is the case; if you disregard the óorders, gives instructions for landing.
The artíass 3 bis, reserves the rights and obligations of States under the Charter of the United Nations, what, among others, guarantees the inherent right to the lawítima defense - that couldíto become the downing of an aircraft; extreme measure -forbidden by the international community-, what to applyíexceptionally cases of assaultón external where what isé endangering the national security of a State, but in any case inapplicable for civil aircraft.
