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Turkish Refusal to Refuel El Al Flight: An Offensive Violation of International Obligations

(Jerusalem Post) Amb. Alan Baker - On June 30, an El Al flight from Warsaw en route to Tel Aviv was not allowed to refuel in Antalya, Turkey, after making an emergency landing to evacuate a passenger in need of urgent medical attention. Due to political hostility generated by the Turkish leadership, local workers at Antalya airport refused to refuel the flight. This action involved several substantive violations by Turkey of its international legal and aviation obligations. Furthermore, there appear to be adequate grounds entitling El Al to initiate legal action against the Antalya airport authorities for the various damages and expenses incurred. The 1944 Chicago International Convention on Civil Aviation, to which Turkey is party, obligates all states to "provide such measures of assistance to aircraft in distress in its territory" (Article 25). In the still-valid 1953 bilateral aviation agreement between Israel and Turkey, the two parties undertook to "ensure that neutral and non-discriminatory access to airport facilities and all related services is granted to the airlines of the other party" (Article 13). Clearly, the legal consequences of this regrettable incident must be taken up at all the relevant levels. The writer, Director of the Institute for Diplomatic Affairs at the Jerusalem Center for Public Affairs, served as Legal Adviser and Deputy Director-General of Israel's Ministry of Foreign Affairs.
2024-07-07 00:00:00
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