Unauthorized Airspace Infringements and Use of Weapons Against Civilian Aircraft From an International Law Perspective

Abstract

The immense growth of the air transport business has attracted the highest level of scrutiny for safety on airspace traffic. Despite the fact that the sky is a vast place with limitless loft and borderless horizon, still, there is an imaginary border line where the concept of jurisdiction applies and is recognized in the legal framework of international airspace law. In the state’s perspective, to use force in self-defense in order to protect its national safety, security and sovereignty is an inherent right, as confirmed by Article 51 of the UN Charter. However, the prohibition on using force is expressed to be without prejudice to the rights and obligations of States set out in the Charter. Thus, in truly exceptional circumstances, a state would be entitled to shoot down a civil aircraft if that is the only way to avoid an anticipated greater loss of life. This paper aims to analyze the use of weapons against civilian aircrafts on the context of unauthorized airspace infringements from an international law perspective, in particular towards the principle of selfdefense and human rights.