Abstract
Introduction to The Problem: The act of firing on two Indian military aircraft carried out by Pakistan indeed constitutes the right of air control over military aircraft according to the Paris Convention of 1919 and the Chicago Convention of 1944, according to which this convention's control rights over foreign military aircraft are strict and maximum, it does not contain exceptions Article 32 of the Paris Convention and Article 3 (c) of the 1944 Chicago Convention The right of maximum and strict control of the state over its airspace is only directed to military aircraft of other countries, where the consideration of national security is the main reason. But still, the shooting action carried out by Pakistan against Indian military aircraft is an act of negligence on airspace which became its sovereignty, due to the lack of coordination related to the shootings carried out. Purpose/Objective Study: This study aims to determine and understand the regulation of Indian military aircraft in the 1944 Chicago Convention on Flight of Military Aircraft to Airspace in Other Countries and the responsibility of the state of Pakistan in firing Indian military aircraft from the perspective of international air law. Design/Methodology/Approach: This research is research that uses normative legal research methods using a type of legislation approach and case approach. The legal materials used are primary, secondary, and tertiary legal materials that are useful for obtaining conclusions that are relevant to the problems in this study. Findings: The results showed that: 1) the regulation of Indian military aircraft in the 1944 Chicago Convention was categorized as a military aircraft (state aircraft) type of MiG-21 Bison interceptor which was indeed used for military, police and customs purposes, which in this case did not have the right to do flight above the airspace of another country before obtaining permission in advance from the country concerned; 2) the form of responsibility that must be given is in the form of termination of acts, apologies and remedial actions in the form of restitution, ie repairing as before the Indian military aircraft that he shot and providing protection for pilots he captures, this is as regulated in Article 31 of the ILC Draft. Paper Type: Research Article
Highlights
Introduction to The ProblemThe act of firing on two Indian military aircraft carried out by Pakistan constitutes the right of air control over military aircraft according to the Paris Convention of 1919 and the Chicago Convention of 1944, according to which this convention’s control rights over foreign military aircraft are strict and maximum, it does not contain exceptions Article 32 of the Paris Convention and Article 3 (c) of the 1944 Chicago Convention The right of maximum and strict control of the state over its airspace is only directed to military aircraft of other countries, where the consideration of national security is the main reason
The intention is that military aircraft do not have the right to fly over the territory of a member of the Paris Convention 1919 before obtaining permission in advance from the country concerned (Cooper, 1951)
The MiG-21 bison aircraft owned by India in international air law is classified as a military aircraft, which is used for state purposes (Tufail, 2019). This provision is stipulated in article 3 of the 1944 Chicago Convention, which states that military aircraft are categorized as state aircraft used for military, police, and customs for the needs of the country
Summary
Introduction to The ProblemThe act of firing on two Indian military aircraft carried out by Pakistan constitutes the right of air control over military aircraft according to the Paris Convention of 1919 and the Chicago Convention of 1944, according to which this convention’s control rights over foreign military aircraft are strict and maximum, it does not contain exceptions Article 32 of the Paris Convention and Article 3 (c) of the 1944 Chicago Convention The right of maximum and strict control of the state over its airspace is only directed to military aircraft of other countries, where the consideration of national security is the main reason. Findings: The results showed that: 1) the regulation of Indian military aircraft in the 1944 Chicago Convention was categorized as a military aircraft (state aircraft) type of MiG-21 Bison interceptor, which was used for military, police, and customs purposes, which in this case did not have the right to do flight above the airspace of another country before obtaining permission in advance from the country concerned; 2) the form of responsibility that must be given is in the way of termination of acts, apologies and remedial actions in the form of restitution, i.e., repairing as, before the Indian military aircraft that he shot and providing protection for pilots he captures, this is as regulated in Article 31 of the ILC Draft. One of the dispute origins that can trigger conflicts between countries is air disputes, which in this case, are usually related to flights, especially violations of airspace sovereignty (Williams, 2010)
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