Belarus’s use of deception and military threat to waylay a Ryanair flight Sunday and detain a prominent journalist critical of the country’s dictator was a clear-cut violation of international aviation law, legal experts say. “This was a case of state-sponsored hijacking … state-sponsored piracy,” said Ryanair CEO Michael O’Leary.
Ryanair flight 4978 was transiting Belarus airspace en route from Athens to Vilnius, Lithuania, when, according to the airline, air-traffic controllers told the flight crew that there was a bomb aboard and asked them to land in the capital, Minsk. A MiG-29 fighter jet dispatched to intercept the flight added weight to the request. Upon landing, 26-year-old Roman Protasevich, was removed from the plane and taken into custody.
“International law obviously prohibits the use of armed force against commercial aircraft,” says aviation attorney Arthur Rosenberg. The International Civil Aviation Organization “has standards governing the interception of commercial aircraft by the military.”
ICAO, an agency of the U.N., was established by an international agreement called the Chicago Convention on International Civil Aviation in 1944. The Chicago Convention is the foundational document of international aviation law and has been ratified by virtually every country on Earth, including Belarus. It specifically prohibits the use of military force against passenger flights, stating: “The contracting States recognize that every State must refrain from resorting to the use of weapons against civil aircraft in flight.” There are situations in which a state can use force against a civil aircraft, such as self-defense, or if a plane violates its airspace without permission, but neither applies in this case. Continue reading New York: Why Belarus Grounding of Ryanair Flight Broke International Law