Azerbaijan mourned on Christmas Day as flight J2-8243 crashed because of physical and technical external interference. 38 passengers including the two pilots and attendants were killed in the crash. Air terrorism marks a tragic day in the history of modern-day Azerbaijan. Loss of lives has sent shockwaves and grief across the country. Investigators, aircraft engineers, aerospace engineers, former pilots and government officials including the American, Canadian, and international media all have unanimously agreed that the Russian air defence system hit the plane. Azerbaijani authorities after an impartial investigation have concluded that Christmas Day manslaughter was caused by Russia’s Pantsir SI medium-range surface-to-air missile and anti-aircraft Air Defence System. Andriy Kovalenko, the Head of Ukraine’s Center for Countering Disinformation part of the National Security and Defence Council of Ukraine also held the Russian Air Defence System for Christmas Day tragedy responsible.
Contrary to foreign experts’ views Russian authorities initially claimed that the plane crashed after colliding with birds. Later, the Head of the Russian Federal Air Transport Agency Dmitry Yadrov said “Ukrainian combat drones were carrying out terrorist attacks on civilian infrastructure in the cities of Grozny and Vladikavkaz.” The inference that can be drawn from Mr Yadrov’s statement is Ukraine is responsible for the air terrorism causing manslaughter. 
From a legal perspective, the use of force against civilian passenger planes is prohibited and illegal. Article 3 of the current International Law/Customary International Law prohibits using force (weapon) against the civil plane. International Humanitarian Law prohibits the use of firearms against civilian aircraft. Chicago Convention of December 7, 1944, or the Convention on International Civil Aviation laid the foundations for ensuring civil aircraft security and passengers onboard. Article 3 of the Convention prohibits all states from using weapons against civil aircraft in flight.
The Article further warns members of the international community from endangering the “lives of persons onboard.” The Montreal Convention of 1971 suppressed unlawful acts against the safety of aviation. The United Nations General Assembly (UNGA) took this precept from the Chicago Convention. Hence, the use of armed force or the shooting down of an inflight passenger aircraft is prohibited. The United Nations Security Council (UNSC) Resolution 1067 outlaws using force “against an inflight civil aircraft.” Flight J2-8243 was carrying civilians in a civilian aircraft. The use of an anti-aircraft gun, or Pantsir SI anti-aircraft gun by the alleged Russian military personnel was a deliberate violation of established international laws. Further, the Russian authorities contrary to the spirit of the Montreal Convention of 1971 and the Montreal Protocol of 1988 on purpose denied the landing right to Flight J2-8243. Deliberate use of armed force caused serious damage to Flight J2-8243, which sabotaged the flight. The lives of the crew, the passengers and the safety of the aircraft were endangered from legal perspectives.
As Azerbaijan mourns the loss of unarmed civilians Moscow should carry out an impartial investigation to prevent future reckless incidents by the Commanders responsible for launching air-to-surface missiles. The Aviation authorities’ decision to divert the course of Flight J2-8243 led to the tragic death of 38 innocent civilians. The deliberate use of armed force by Russian military personnel in contravention of international law necessitates a formal apology to Baku and the bereaved families. Moscow should provide compensation amounts to bereaved families of the victims of air terrorism. The heinous act of terrorism dealt a severe blow to the safety of inflight civilian aircraft. Egregious air terrorism necessitates the international community to step forward and stand shoulder-to-shoulder with Azerbaijan in condemning this heinous act. It would deter potential aggressors and ensure the prevention of future acts of air terrorism. ( The author is: Chairman Department of Politics & International Relations (DPIR) University of Sargodha Pakistan)The views expressed in this article are those of the author and do not necessarily reflect the positions of WNAM.
