LM 11.4 UNLAWFUL INTERFERENCE WITH INTERNATIONAL CIVIL AVIATION FACILITIES

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LM 11.4 UNLAWFUL INTERFERENCE WITH INTERNATIONAL CIVIL AVIATION FACILITIES

 

IFATCA Policy is:

ATC personnel are entitled to maximum security with respect to the safeguarding of personal life, operational environment and the safety of aircraft under their control.

IFATCA considers cyber-attacks to be a form of unlawful interference. (Accra 18.B.10)

If, during unlawful interference with Civil Aviation, the appropriate authorities instruct the Controller to deviate from, or violate, the ICAO rules, he shall in no way be held legally responsible for carrying out such an order.

[4.3] All orders which imply a deviation from the established air traffic rules shall be conveyed through the appropriate authorities, normally the immediate superior, and always through the authority responsible for the provision of Air Traffic Services. Such orders shall always be issued in written form, clearly identifying their origin and authority, and retained for investigative purposes.

The Air Traffic Controller on duty shall be granted relief from his working position when the conditions stated in para. 4.3 above are not followed, or when he considers the content of the order wrong or criminal.

During unlawful interference against ATC facilities, or its threat, services may be withdrawn. Measures shall be included in national or international contingency procedures, designed in such a manner, to ensure there will be minimal disruption of service.

Member Associations shall also urge their governments to ratify the existing protocols, conventions and treaties on these matters, to make them available to whom it concerns and to refrain from any course of action contrary to those rules.

Member Associations should seek formal agreement on the conduct of an Air Traffic Controller during situations of unlawful interference and the adoption of contingency procedures during such situations.

IFATCA will undertake, through its Executive Board, to transmit the contents of this policy to the appropriate international organisations, namely the United Nations, ICAO and the ILO, and also regional organisations who may be concerned with these matters.


See: WP 125 – Christchurch 1993, Resolution B10 – WP 93 – Accra 2018

 

Last Update: September 29, 2020  

November 3, 2019   259   Jean-Francois Lepage    LM    

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