After the forced landing of the Ryanair aircraft in Belarus, political as well as legal questions arise, especially those of international aviation law.

Its bases are regulated by the Agreement on International Civil Aviation, also known as the Chicago Agreement.

Almost 200 states have now ratified it, including Belarus.

It makes it clear, among other things, that each contracting state in principle has “full and exclusive sovereignty” in the airspace over its sovereign territory.

Marlene Grunert

Editor in politics.

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    Every state can therefore require the landing of an aircraft that endangers the safety of air traffic.

    The United Kingdom invoked this right around 2014 after a bomb threat that later turned out to be false.

    A British Air Force fighter aircraft directed a Qatar Airways Airbus into Manchester Airport.

    But the current case is unprecedented.

    Never before has a government been suspected of having constructed a bomb threat to induce a pilot to land.

    The United Nations International Civil Aviation Organization held back on Sunday and only tweeted that it was “seriously concerned” about the forced landing, which “could” have violated the Chicago Convention.

    Who should initiate criminal proceedings?

    The Cologne international lawyer and director of the Institute for Air Law, Space Law and Cyber ​​Law, Stephan Hobe, did not want to commit himself. In principle, international air criminal law is relevant, which has not yet known such a case. "The fact that a pilot is coerced by pretending to be false and intimidated by a military aviator is unique," said Hobe of the FAZ. Basically, this corresponds to a "kidnapping". International air criminal law was developed when the number of aircraft hijackings increased from the 1960s onwards. It was amended after September 11th. Since then, such cases have also been recorded in which an aircraft itself is used as a weapon. However, only a few states have ratified the amendment.

    If international aviation law is relevant, the question remains who could initiate proceedings. The contracting states would have to agree on this. The country in which the plane took off, i.e. Greece, and the country in which Ryanair is based, i.e. Ireland, come into question. The destination country Lithuania could also be responsible. The criminal proceedings would presumably be directed against a government - that would also be unique. In other words, the hurdles for a legal review are high.