МН17 tragedy: Russia is not involved, really - Статья

КАТАСТРОФА РЕЙСУ МН17: ЧИ СПРАВДІ РФ НЕ МАЄ ДО НЕЇ ВІДНОШЕННЯ?. On 14 October 2014, Deputy Head of Federal Air Transport Agency Oleh Storchevoy substantiated the accusation against Ukraine as following: “The fact that the Ukrainian authorities using combat aircraft and heavy weapons in conflict area at the east of Ukraine failed to close the sky for the passage of the civil aircraft became the fundamental and primary cause of the accident. The requirement of Article 9 of the Convention on International Civil Aviation that State may reserve the right in exceptional circumstances or during a period of emergency, or in the interest of public safety, temporarily restrict or prohibit flying over the whole or any part of its territory, is not fulfilled [66]. The representatives of Russian international legal doctrine made an attempt to justify the statements by Putin, Medvedev and other representatives of Russia that the blame for a crime committed on the territory of a state is put on this state. In October 2015 at the meeting of working group of Head of the State Duma of Russia on legal analysis of legislative procedures and acts adopted in Ukraine, the head of international law department of Moscow State Institute of International Relations of Ministry of Foreign Affairs of Russia Aleksandr Vylegzhanin stated: “We consider that the rule of international aircraft law from the standpoint of ICAO standards (International Organization of Civil Aviation) provides for the responsibility for an aircraft accident to be imposed not on the person who shot it down but on the state who were responsible for the route. I am referring to air communicators who set on the Malaysian Boeing altitude and route, gave corresponding instructions... Russia should prepare its counter claims to show that the responsibility for this accident irrespective of persons who shot down that Malaysian Boeing shall be put on the territorially sovereign state represented in ICAO” [77]. The former Deputy Chairman of the Interstate Aviation Committee Aleksandr Knievel elaborated on this position: “The burden of responsibility lies, first of all, on Ukraine. The legal pillar stone of modern air law is the Chicago Convention on International Civil Aviation, with annexes and so-called “recommended practices”. Moreover, since 14 November 2013, Annex 19 “Safety management” applies. The above-mentioned documents cover the cases of civil flights over the territory of hostilities. The “Recommended practice” (Doc 9554-AN/932 first edition - 1990) has a “Manual Concerning Safety Measures Relating to Military Activities Potentially Hazardous to Civil Aircraft Operations”. ICAO adopted this document in 1988 after the US cruiser destroyed an Iranian civilian aircraft by a missile. Unfortunately, not all states apply the documents written literally in the blood, which brings about new tragedies. On 4 October 2001, the Russian aircraft, Tu-154M was shot over the Black sea in the area of responsibility of Ukrainian organization of air traffic control. Ukraine has not recognized its responsibility for that accident. What’s surprising is that ICAO did not f ind Kyiv guilty in that accident. The history repeats this time with the Malaysian Boeing-777 and passengers on its board downed in the sky over Ukraine and once again ICAO “kept a discreet silence”. There is no reaction from the International Aviation Committee. The IAC is obligated to give explanations about the responsibility from the international legal point of view. Few people know that on 24 September 1993 the Heads of Governments of the CIS adopted the Council Decision “On ensuring the safety of civil aircraft operations in the zones of local military conflicts”. It authorized the competent bodies of member states of Commonwealth and Republic of Georgia together with the IAC to take legal, military, organizational and technical measures to prevent the civil aviation from the potential threat for the flights of civil aircraft in the areas of local armed conflicts. I will cite the key passages from ICAO documents. Try to grasp the meaning: ‘The responsibility for taking measures to guarantee safety of international flights of civil aircraft shall be imposed on states providing air traffic services in the airspace affected by the conflict. The state responsible for providing traffic services should determine the geographic area of conflict, estimate the potential danger of flights of civil aircraft of international aviation and determine whether should the area of conflict be avoided or the flights over this area may be permitted subject to some conditions’. The incorrect determination of flight risks over the area of armed conflict by Ukraine is the main reason of the accident in the sky over this country. In accordance with international law, the authorities of Ukraine and organization of air traffic control “Ukraerorukh” bear the whole responsibility for the Malaysian Boeing crash. Blame is not to be put