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Today we are going to talk about the interception of civil aircraft after the national government's decision to have a demolition law of aircraft.
Post written by: Maximiliano Naranjo Iturralde
Regarding the correct and necessary decision 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 operation of aircraft that enter the airspace illegally, it is necessary to put the applicable legal issue in context, same that is related to the principle of full and exclusive sovereignty exercised by States over their airspace.
As a result of the downing of an aircraft of Korean Airlines, KAL flight 007, the 25th special session of the ICAO General Assembly, approved, the 10 May 1984, the Protocol of Amendment to the Convention on International Civil Aviation (Chicago, 7 from December to 1944), incorporating the article 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 interception, The lives of the occupants of the aircraft must not be endangered, nor must the safety of the aircraft be endangered.. This provision shall not be construed as in any way modifying the rights and obligations of States stipulated in the Charter of the United Nations.".
According to this standard, It is the obligation of all States to publish their regulations on the interception of civil aircraft. The equator, through the Directorate of Civil Aviation, issued the Regulation (RDAC parte 91), that consults the regulations applicable to the interception of civil aircraft. The cited Convention, only applies to civil aircraft, and not to state aircraft (used in military services, customs or police).
The Ecuadorian Air Force (FAE), is in charge of operating the primary radars -such as the one that will be installed on the hill of Montecristi-, and the General Directorate of Civil Aviation (DAC), are secondary radar; the first, to detect low-flying aircraft, and, the second, to control the air traffic of aircraft that follow the authorized airways, but they do not detect those that fly at low altitude.
Are the air traffic services, which operates the secondary radar of the DAC, those who inform the FAE of those unidentified aircraft or those that have violated the airspace without authorization, for what, exhausting all necessary measures, proceed to contact the aircraft, before the interception proceeds, always guaranteeing the life of its occupants and the safety of aircraft in flight.
The purpose is that the reasons that gave rise to such action disappear, already for having entered the air space without authorization, already for breaking air traffic rules, or for considering that they are used for purposes incompatible with the Chicago Convention. Interception is done as a last 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 beyond the limits of national airspace, to leave the sector overflown for reasons of national security, if this is the case; if you disregard orders, gives instructions for landing.
Article 3 bis, reserves the rights and obligations of States under the Charter of the United Nations, what, among others, guarantees the immanent right to self-defense -which could result in the downing of an aircraft-; extreme measure -forbidden by the international community-, that would apply exceptionally to cases of external aggression or when the national security of a State is in danger, but in any case inapplicable for civil aircraft.
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