by CopperLine » Sat Oct 25, 2008 6:10 pm
Paphitis,
It is pretty straightforward really. I don't know why you're making it so unnecessarily difficult.
Prior to the 1984 Chicago Convention amendment there was not an explicit phrase in the convention outlawing the shooting down of civilian airliners. Mainly as a result of the tragedy of KAL 007 it was determined by the parties to the Convention that an explicit clause be added to the Convention. So no you are wrong to say that "nations do have this right" [to shoot down civilian aircraft]. RoC and Turkey are ICAO signatories. (Of course TRNC is not a signatory but it does have an erga omnes obligation not too shoot down innocents air travllers). If you are so keen, Paphitis, on this 'shoot down violators' assertion then if your principle is generalised this would allow any entity, recognised or not, to gratuitously shoot down civilian airliners. A daft proposition whichever way you look at it.
So put in simple language : the shooting down of civilian aircraft is outlawed. Full stop. Are civilian aircraft occasionally still shot down ? Yes, of course. But that does not make the shooting down of civilian aircraft any more lawful !! [Any more than the fact that killings still occur makes murder any more lawful]
That a civilian aircraft enters restricted/prohibited airspace does not give the jurdical authority licence to shoot it down !!! That someone cuts you up on the road does not give you licence to run them off the road. That your rights have been breached does not give you licence to breach another person's rights, nor does it mean that the other person's rights have been lost or been put in abeyance.
Tit-for-tat and anything-goes is not the basis of modern law.
There's something much more disturbing that has emerged in this thread and it is that some people are vicariously contemplating (and excusing) the shooting down of civilian airliners. Specifically if civilian airliners violate RoC airspace then, the implication is, its OK to shoot them down. Are you guys serious ??? Is this something which you'd see for all airliners, or just those flying to northern Cyprus ?