Legal Aspects Regarding Liability for Shooting Down an Aircraft

Abstract

The author will raise the issue of responsibility for shooting down a civil aircraft. The powers of the state, as well as the responsibilities and obligations that are imposed on the state in this matter will be presented. The paper will also define the notion of sovereignty. Then, international documents which govern the responsibility of the state will be discussed. The author will also indicate the origin of the introduction of regulations on the shooting down of aircraft. The author will also provide examples of such incidents involving civil aircraft. In addition, the paper will include the position of the Constitutional Tribunal regarding the matter of shooting down an aircraft. The work will conclude with considerations regarding the legitimacy and reasons for shooting down aircraft. Can we sacrifice one “good” in the name of another?