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Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977.
Commentary -
Signals and procedures for the interception of medical aircraft
[p.1279] Annex I, Article 13
-- Signals and procedures for the
interception of medical aircraft
4275 Following serious incidents in the air involving civil and military aircraft, the International Federation of Air Line Pilots
Associations (IFALPA) at its March 1973 meeting in Tokyo noted that
the visual signals for the interception of civil aircraft laid down
by ICAO in Annex 2, "Rules of the Air", Section 3.4 and Appendix A,
were inadequate.
4276 The view held by IFALPA was that pilots, who were constantly flying over national frontiers, were not able to keep themselves
fully informed about the visual signals and procedures for
interception described by ICAO and the modifications which might be
adopted by some States in that respect. Those [p.1280] purely visual
interception procedures disregarded the main method of communicating
with an aircraft, namely, radiotelephony.
4277 The Federation requested ICAO and national aeronautical authorities to study ways and means of standardizing visual signals
and also to consider procedures involving the use of radiotelephony
in cases where civil aircraft had to be identified or intercepted. In
particular, it proposed the following:
-- that flight plans informing the authorities about the operations
of aircraft should be closely co-ordinated between military
aeronautical units and civil air traffic control;
-- that, given the hazardous nature of the operation, civil aircraft
should only be intercepted in case of absolute necessity and when
other means have failed;
-- that a civil aircraft which has to be identified in spite of the
information provided in the flight plan should first be contacted
by radio. Only if the radio connection cannot be set up should
physical air-to-air or ground-to-air interception involving
visual methods be attempted;
-- that interception should under no circumstances entail opening
fire on a civil aircraft.
4278 In June 1973, together with its proposals, the Federation transmitted to ICAO a draft set of interception procedures which were
supplemented and improved in October. At that juncture the ICRC
approached the Federation with a view to investigating the
possibility of using the proposed procedures for the interception of
medical aircraft in time of armed conflict. However, it was too late
at that stage to include any provisions on that matter in draft Annex
I to the Protocol.
4279 The issue was nevertheless discussed at the first session of the Diplomatic Conference by the Technical Sub-Committee, which was given
information about the ICRC's contacts with IFALPA and ICAO. i The
text of Article 13
was adopted by the Technical Sub-Committee and
Committee II at the third session of the Diplomatic Conference in
1976.
4280 All the ICAO provisions and special recommendations relating to the interception of civil aircraft were consolidated in a single
document, the Manual concerning Interception of Civil Aircraft,
published by ICAO in 1984, (2) the contents of which are drawn from a
number of ICAO annexes and procedures. The foreword contains the
following request:
"[...] Contracting States are requested to ensure that the material in this manual is brought to the attention of all
civil and military administrative or operational personnel
who may be concerned with the development and/or application
of national practices and procedures relating to the
identification and interception of civil aircraft."
[p.1281] 4281 The manual is an excellent source of information for military authorities required to monitor medical aircraft operations in time
of armed conflict. The provisions proposed for the interception of
civil aircraft should therefore be studied with a view to making
advance arrangements for their application in a situation of armed
conflict. Full particulars are given about the radio frequencies to
be used, radar code display, message transmission, etc. The table of
contents of the manual, reproduced ' infra, ' p. 1282, gives some
indication of the scope of the provisions required should it prove
essential to intercept medical aircraft.
4282 Chapter 2, "Elimination or reduction of the need for interception", to mention only one example, would need to be studied
specifically from the standpoint of medical aircraft missions in time
of armed conflict, in the cases contemplated in Articles 25
to 29 and
31
of the Protocol.
4283 The recommendations and instructions contained in the manual should also be adapted for use in the case of flights by medical
aircraft based on hospital ships. The aircraft concerned are medical
helicopters used for medical missions in naval, air and sea or
amphibious operations. The bases for co-ordination between the navy
and the air traffic services military authorities should be
established in peacetime.
4284 This article contemplates action by an intercepting aircraft pursuant to Articles 30
' (Landing and inspection of medical
aircraft) ' and 31
' (Neutral or other States not Parties to the
conflict) ' of the Protocol. Those two articles, while recognizing
that medical aircraft may be ordered to land, give no indication as
to how this order should be given. It may be issued either from the
ground or by a warship.
4285 In such cases too, the interception procedures described in the manual should be used in order to avoid hazardous undertakings such
as opening fire in the direction of medical aircraft, which are
entitled to respect and protection and should therefore not be
threatened by fire when ordered to land. (3)
4286 If for any reason the Parties to the conflict are not able to comply with the procedures set out in the ICAO manual for the
elimination or reduction of the need for interception and for
application of the ICAO radio and visual interception procedures,
they should notify one another of the situation and provide
information on the substitute procedures they intend to use.
4287 The present Article 13
might usefully be brought up to date when the Annex is revised, by including a reference to both the ICAO
manual and ground-to-air interception. The question whether the
safety of medical aircraft over both land and sea would be enhanced
by more detailed provisions concerning interception during armed
conflicts would have to be given very careful thought.
' Ph. E. '
[p.1282] Document annexed (cf. ' supra, ' p. 1280, note 2, and p. 1281)
Manuel concerning Interception of Civil Aircraft
(Consolidation of Current ICAO Provisions and Special Recommendations)
(Doc 9433-AN/926)
FIRST EDITION - APRIL 1984
(extract)
TABLE OF CONTENTS
1. - General principles ............................................ 1
2. - Elimination or reduction of the need for interception ......... 2
2.1. - Identification of civil aircraft ........................ 2
2.1.1. - Submission of flight plans ........................ 2
2.1.2. - Air-ground communications and position reporting .. 2
2.1.3. - Co-ordination between ATS units ................... 3
2.1.4. - Transmission of flight plan messages .............. 5
2.1.5. - Transmission of departure messages ................ 7
2.1.6. - Facilities for communications between ATS units ... 7
2.1.7. - Co-ordination between military and ATS authorities/units ................ 9
2.1.8. - Facilities for communications between ATS units
and military units .... 9
2.1.9. - Action by ATS units in respect of unidentified
aircraft ......................................... 10
2.1.10. -Identification by means of radar ................. 10
2.2. - Navigation aspects ..................................... 14
2.2.1. - Airborne navigation equipment .................... 14
2.2.2. - Adherence to flight plan ......................... 15
2.2.3. - Prohibited and restricted areas .................. 15
2.2.4. - Navigational assistance by ATS units ............. 16
2.2.5. - Navigational assistance by military units ........ 17
2.3. - Availability of information ............................ 17
2.3.1. - Promulgation in aeronautical information publications (AIP) ............................... 17
2.3.2. - Depiction on aeronautical charts ................. 18
3. - Elimination or reduction of hazards in the event of interception................................................... 19
3.1. - Interception ........................................... 19
3.1.1. - Action by States ................................. 19
3.1.2. - Action by intercepting aircraft .................. 20
3.1.3. - Action by intercepted aircraft ................... 22
3.1.4. - Air-to-air visual signals ........................ 23
3.1.5. - Air-ground communications ........................ 24
3.1.6. - Action by intercept control units ................ 26
3.1.7. - Action by ATS units in the event of interception . 26
3.2. - Availability of information ............................ 27
3.2.1. - Promulgation of information in aeronautical information publications (AIP) ................... 27
3.2.2. - Carriage of information on board aircraft ........ 27
NOTES (1) [(1) p.1280] O.R. XIII, p. 31, CDDH/49/Rev.1, para. 52;
(2) [(2) p.1280] ICAO Doc. 9433-AN/926, ' Manual concerning Interception of Civil Aircraft ', ICAO, Montreal (with
Amendment No. 1 of 19.3.1985);
(3) [(3) p.1281] On 10 May 1984 the ICAO Assembly decided unanimously to supplement the Convention by an Article
3bis which embodies the principle, already recognized in
international law, of non- recourse to the use of arms
against civil aircraft;