The Responsibility of Belligerents on the Shooting of Civil Aircraft in the Airspace of Conflicting State Based on the International Law

Abstract

Aircraft Commercial Airlines Malaysia Airlines code Flights MH-17 departing from Amsterdam Schiphol Airport to Malaysia was shot down without warning area of the border between Russia and Ukraine that were previously found that the area is the area of armed conflict between the separatist pro-Russian against the Ukrainian government. Plane carrying 283 passengers exploded in the air as the target of missiles SA-11 (Bulk Missile System) were fired by pro-Ukrainian party of the east of Ukraine who thought that the aircraft is the Russian presidential plane. The aircraft with registration number 9M-MRD fly an altitude of 33,000 feet (10,000 m), where the previous day Ukraine set a prohibited area flying at an altitude of 32,000 feet (9.753m), as set out in Article 9 letter b of the Chicago Convention of 1944. In this article states that each State Party has the right to determine the region was grounded on a specific situation or in an emergency, provided this does not distinguish the best flag of a particular State. Although a few days before the ICAO (International Civil Aviation Organization) together with Eurocontrol has given a warning to all flights to or from the territory of Europe not to fly across the territory of Ukraine and Russia, however, because the route is shorter and because the route has been bypassed by many flights some the day before the Malaysia Airlines decided to use the route. Belligerent is a subject of international law is not a state (non-state entities) which, according to international law to have rights and obligations to be executed. International law has not set out clear on the responsibilities rebels (belligerent) against any act committed against civilians is not a party to the war. The need for rules of international law regarding the responsibility of every action taken by the rebels (belligerent).