ARELIANO, AZADEL RADYA and Priyono, FX. Joko and Prabandari, Adya Paramita (2024) ACTION OF FORCED LANDING BY BELARUSIAN AUTHORITIES TO POLISH AIRCRAFT (RYANAIR FLIGHT 4978) AND THE PROHIBITION OF BELARUSIAN AIRCRAFT TO FLY OVER, TAKE OFF, AND LAND IN THE EUROPEAN UNION TERRITORIES AS A SANCTION TO BELARUS AS AN IMPLEMENTATION OF ARTICLE 9 OF THE CHICAGO CONVENTION ON INTERNATIONAL CIVIL AVIATION OF 1944. _HI 2024. Undergraduate thesis, Fakultas Hukum Universitas Diponegoro.

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Abstract

The forced landing of Ryanair Flight 4978 by Belarusian authorities on May 23, 2021, an event that sparked international outrage and led to significant diplomatic repercussions. The flight, traveling from Athens, Greece, to Vilnius, Lithuania, was forcibly diverted to Minsk, Belarus, under the claim of a bomb. However, it was later revealed that the primary motive by Belarusian authorities behind the forced
landing was to detain a Belarusian dissident journalist on board. This action by Belarus raised critical questions about its adherence to international aviation law, particularly the Chicago Convention of 1944, which is a cornerstone of global civil aviation regulations. The research focuses on two primary issues: first, the legality of the forced landing under the international aviation law; and second, the
legitimacy of the prohibition imposed by the European Union on Belarusian aircraft following the incident under Article 9 of the Chicago Convention 1944 which allows states to restrict or prohibit overflight for reasons of military necessity or public safety, but it also emphasizes the need for such actions to be non-discriminatory and to avoid unnecessary interference with international navigation.
Moreover, the research explores the broader implications of the European Union’s response, which included a comprehensive prohibition on Belarusian aircraft from flying over, taking off, or landing in EU member states. This sanction was part of a broader set of measures aimed at pressuring Belarus to comply with international norms. The research assesses whether this prohibition aligns with the principles of the Chicago Convention 1944, or whether it constitutes an overreach of EU authority that could potentially disrupt international air travel. Through a doctrinal legal analysis, the thesis concludes that the forced landing of Ryanair Flight 4978 by the Belarusian authorities was not consistent with any international aviation law, instead, it violates the Tokyo Convention 1963. The actions taken were deemed unlawful under international law, particularly given the misuse of a false bomb threat to achieve political ends. On the other hand, the EU’s prohibition on Belarusian aircraft, while controversial, is examined as a potential exercise of
lawful retaliation within the bounds of international law, though it raises important questions about the proportionality and fairness of such measures. This thesis contributes to the understanding of state sovereignty, international law, and the protection of civil aviation, emphasizing the need for strict adherence to international conventions like the Chicago Convention 1944 to safeguard the
integrity and security of global airspace.
Keywords: force landing, Belarusian Authorities, Chicago Convention 1944, Ryanair Flight 4978, prohibition, international aviation, European Union

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