Azerbaijan Airlines jet crash: why?

• On December 25, 2024, an Azerbaijan Airlines flight, 4K-AZ65, en route from Baku to Grozny, Russia, faced technical difficulties and a series of fatalities.

• The flight was ordered to fly across the Caspian Sea after it was denied landing at two Russian airports.

• Azerbaijani President Ilham Aliyev confirmed that the plane was shot down, not intentionally.

• The airline, a member of the International Air Transport Association (IATA), is in full compliance with International Civil Aviation Organization (ICAO) standards.

• The airline has announced the suspension of flights to several cities in Russia on the directive of the Azerbaijan State Civil Aviation Authority following preliminary results from an investigation into the crash.

• The Russian Investigative Committee initiated a criminal case under Article 263 of the Criminal Code (violation of the rules for traffic safety and operation of the air transportation systems).

• The Aeronautical Accident Investigation and Prevention Center (CENIPA), Air Force Command, and investigators from Kazakhstan, Azerbaijan, and Russia are involved in the investigation.

• The accident highlights the complexity of the operation of civilian flights in conflict zones, requiring assessing the risks posed by ongoing hostilities.

• The crash could lead to questions of state responsibility and accountability under international law, including legal actions and findings of criminal liability.

• The ICAO has readied itself to support the investigation in the interest of aviation safety and security, deputing an ICAO expert to be deployed onsite as an observer to the international investigation team.

Civil Aviation Risks in Conflict Zones

• Conflict zones pose significant risks to civil aviation, prompting various initiatives such as Canada’s Safer Skies initiative and the “Risk Assessment Manual for Civil Aircraft Operations Over or Near Conflict Zones” by ICAO.

• The IATA Tactical Operations Portal provides real-time alerts to aviation subscribers about airspace and airport operations.

• The Expert Group on Risk Information overflying Conflict Zones (EGRICZ) provides information on airspace conflict zone risk assessments.

• GPS interference hotspots are common in the Black Sea and areas around Iraq, Ukraine, Russia, and the eastern Mediterranean Sea.

• Nation-states have been involved in air accidents, with nine major cases documented.

• The accident raises legal questions about jurisdiction under international law principles, including the absence, ownership, and management of responsibility and authority in international aviation regulation, compensation, and state responsibility.

• The Montreal Convention applies to liability for damage in this context, but state responsibility may be involved in a missile strike scenario.

• The Azerbaijan case underscores the need for more authoritative regulation of international civil aviation activity, enhanced liability regulation at the global level, and cooperation within the international legal framework.