مسؤولية الناقل عن حوادث الإرهاب الجوي (وفقا للاتفاقيات الطيران الدولية المطبقة في دولة الإمارات)‎ : دراسة تحليلية مقارنة

Abstract EN

The issue of determining the air carrier’s liability for the incidents of air terrorism has raised many controversies, as the air carrier has a role to play in the security of passengers traveling in accordance with the air transport contract.

The air carrier has an obligation to ensure the safety of the passenger, with divergent views on the legal basis and nature of the liability.

This problem is more frequent in countries where there is no legislation on air transport; hence, the liability for the incidents of air terrorism is determined in accordance with the general rules of liability, which is contrary to the nature of aviation and related incidents, particularly in terrorist incidents.

We propose through this study a number of problems, the most important of which are: 1.

Does the air carrier bear responsibility for the damage caused to them by terrorist acts or not? 2.

To what extent is terrorism considered an air incident? Can the air carrier exonerate itself from its liability in the event of air terrorism incidents towards the passenger? At the end of the study, we reached a number of results, the most important of which are: 1.

The voluntary error is the basis of interrogation of the carrier on the incidents of air terrorism in the event of an act which led to the terrorist incident, in case of failure to take measures to prevent the terrorist incident, or in case the carrier was informed of the possible terrorist incident and did not inform the passengers about it.

2.

The voluntary error is a presumed error that the air carrier is interrogated about and that the passengers are not supposed to prove, but it is a simple presumption that can prove the opposite if the air carrier denies this error.

The study also reached a set of recommendations, the most important of which are: 1.

The study recommends that the air carrier be exempted from liability for what may be exposed to the flight by the need to warn passengers of terrorist threats that the flight may be subjected to provided that these threats are serious.

2.

The study recommends that the air carrier grant the pilot of the aircraft the authority to take repressive measures against a passenger who commits or initiates any act that threatens the safety of the aircraft or the persons or funds therein.