The airspace tribunal and the case for a new human right to protect the freedom to live without physical or psychological threat from above

Abstract

Established in 2018, the Airspace Tribunal is a people’s tribunal that is examining the case for and against the recognition of a proposed new human right to live without physical or psychological threat from above. Drawing on the Airspace Tribunal’s first two hearings in London and Sydney, this article explains the Tribunal’s purpose and discusses the nature of the proposed right, why it is considered necessary, how it should be created and how it could strengthen international humanitarian law. It contends that a particuarly compelling argument in favour of the proposed right's recognition is the psychological impact on civilians of threats experienced from or through airspace. With further hearings planned in other parts of the world, the article concludes by emphasising that the Airspace Tribunal’s aim is to facilitate, continue and develop the vital conversation about protecting human dignity and promoting the universality of human rights in the face of growing threats to our existence.