طرق دفع مسؤولية الناقل الجوي عن الأعمال الإرهابية

Abstract EN

Recently, terrorist acts have unfortunately mushroomed, and air carriers are no immune to such acts which if occurred may cause them massive material and human losses.

In judicial verdicts, courts tend to hold air carriers liable for damages caused by terrorist acts if such acts occur during the course of air carriage process this is not only in the case of objective liability but also in the case of the presumed fault-based one.

Courts also dismiss any appeals made by an air carrier to disclaim liability for acts of terrorism.

It is agreed that determining legally accepted ways to hold air carriers irresponsible for terrorist acts is linked to the legal grounds on which such liability is based.

And since Warsaw Convention 1929 and The Montreal Convention 1999 and its subsequent and amended protocols assess liability of air carrier on the basis of presumed fault or objective liability, the research illustrated in its beginning ways of denying air carrier's liability for terrorist acts in the event of presumed fault - based liability and then reviewed ways of denying such liability in the event of objective liability.

The research summed up with a number of findings and recommendations which centered on the need for denying air carrier's liability for terrorist acts and holding states liable instead.