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Given the recent events of the well-known drug planes, Does Ecuador need a law to shoot down aircraft?
The latest cases of those small planes are in the media (plane is a conflictive term aeronautically speaking) that by landing on clandestine airstrips or at the Pacific Refinery, they have managed to bring or take drugs to other countries, and this is not something new as we well know.
Measures have been taken to somewhat control the passage of these aircraft and other means of transportation through Ecuadorian territory., How has the arrival of the aircraft operation been? P-3 Orion from the United States, but the truth is that there is not much that can be done when an unidentified or unanswered aircraft is found in Ecuadorian airspace..
The Armed Forces and especially the Ecuadorian Air Force Its hands are tied in these situations since the law does not allow or prohibits forceful intervention on any aircraft that is flying without authorization., flight plan, contactless or illegally in Ecuador.
Ecuador
In our case, The country does not have an Aircraft Shooting Down Law, Therefore, none of the branches of the Armed Forces can use force of arms to carry out demolitions..
Today, as an example the Ecuadorian Air Force, You can only approach the aircraft in question and try by all means to establish contact to request intentions or for it to be diverted to a controlled airport., as long as it remains within the airspace of Ecuador.
If a civil aircraft has entered Ecuadorian airspace under the conditions established by the Air Defense and is classified as an identified intruder, or unidentified and hostile intruder, will proceed as follows:
- The intercept pilot will execute the procedures contained in the AIP publication (International interception standards.
- will force, if this is the case, to land the intercepted aircraft.
- The application of the interception procedures will be carried out through coordination between the pilots of the intercepting aircraft and the OCAT of the Air Defense CCC or the Radar station in whose jurisdiction the incident occurs..
The shooting down of aircraft in Ecuadorian territory is understood, as possible, only during an armed conflict or international crisis and while there is a threat to the sovereignty of the State.
remember, that Ecuador is one of the countries with the mayor civil coverage radar, reaching the 98% of the territory, but the aircraft, especially small, They can bypass these controls by flying at low altitude, specialty of narcoplanes, so it is also necessary, higher technology military radar systems.
Montreal Protocol 1984
The Montreal Protocol 1984 establishes the guidelines to intercept aircraft internationally, as well as the use of force. You can read the details here: https://revistas.juridicas.unam.mx/index.php/derecho-comparado/article/view/3039/3300
In Latin America
In our region there is a constant fight against drug trafficking and air transportation on illegal flights has become more common., We list as examples the cases of some countries.
It should be noted, that those countries that have a Demolition Law, before performing a force action, They must in all cases persuade and warn and subsequently make a deterrent and progressive use of force..
Argentina
Argentina recently implemented the law for the downing of unidentified aircraft in its airspace.
Brazil
It has a Demolition Law from the 2004, although it establishes nine procedures before the use of force.
Peru
in august 2015, Peru once again had a Demolition Law to promote anti-drug control.
Colombia
Colombia is one of the countries with the longest history in this matter, having an act that allows the shooting down of aircraft in its airspace from 1993.
Bolivia
The Demolition Law was approved last year 2014 as "Airspace Security and Defense Law".
Chile
The DAR Regulation 91 was approved in Chile in December 2006 as a protection measure against civil aircraft that present a danger.
Venezuela
from the year 2012 It has the "Control Law for the Defense of Airspace" to persuade and disable any aircraft that violates aeronautical regulations..
Paraguay
It has limited radar coverage and does not have a law to shoot down unidentified aircraft., but it is under discussion at the government level.
Honduras
Since April 2014 It has an Aircraft Shootdown Law.
Mexico
Maintains a Law for Shooting Down Unidentified and Uncontacted Aircraft in Its Airspace.
Uruguay
It does not yet have a Demolition Law, but it is known that a possible implementation and creation would be being discussed at the Government level..
Does Ecuador need a law to shoot down aircraft?
It is an open question that I leave for debate., but it all depends on the true control and brakes that you want to impose, as far as possible, to the use of Ecuador as a normal route for the famous "narcoplanes".
The human rights or international law of the pilots of those planes are also under analysis., that many times, they do not carry out these flights under their own will, as testimonies have been known worldwide.
What do you think?
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