Ahmed Jabbar Hadi Al-Allaq (1)
General Background: Global security faces escalating threats from terrorism, particularly targeting air transport systems which constitute critical infrastructure for international commerce and communication. Specific Background: Terrorist incidents in aviation have proliferated, ranging from aircraft hijacking to in-flight sabotage, creating unprecedented challenges for determining civil liability frameworks under international conventions such as the 1999 Montreal Convention. Knowledge Gap: Despite extensive international legislation, ambiguity persists regarding the precise legal basis and extent of air carrier responsibility for damages resulting from terrorist acts during air transportation operations. Aims: This study examines the civil liability of air carriers for terrorism-related damages, analyzing international conventions and judicial precedents to determine accountability parameters throughout the air transport process. Results: The research establishes that carrier responsibility extends to terrorist incidents when adequate preventive security measures are not implemented, with liability encompassing both pre-incident negligence and post-incident failure to mitigate consequences, irrespective of foreign cause defenses. Novelty: The study adopts an expanded interpretation of "air accidents" that encompasses terrorism as carrier-related incidents rather than external events, thereby broadening the scope of compensable damages beyond traditional aviation accident frameworks. Implications: These findings mandate stricter carrier obligations for passenger protection, ensuring compensation accessibility for terrorism victims while promoting enhanced aviation security measures globally.Keywords : Air Carrier Liability, International Terrorism, Civil Aviation Security, Montreal Convention, Passenger CompensationHighlight :
Y. Sheffi, "Supply Chain Management Under the Threat of International Terrorism," The International Journal of Logistics Management, vol. 12, no. 2, pp. 1-11, 2001.
R. de Neufville, A. R. Odoni, P. P. Belobaba, and T. G. Reynolds, Airport Systems: Planning, Design, and Management. New York, NY, USA: McGraw-Hill Education, 2013.
W. Enders and T. Sandler, The Political Economy of Terrorism. Cambridge, UK: Cambridge University Press, 2011.
A. Ali and A. Alzugbi, "Civil Liability of the Air Carrier for Damage Caused by Terrorism Against the Security and Safety of Civil Aviation in Accordance With UAE Law and International Agreements," International Journal of Law and Legal Jurisprudence Studies, vol. 3, no. 6, pp. 256-278, 2016.
J. Busher, "Introduction: Terrorism and Counter-Terrorism in Sub-Saharan Africa," Contemporary Voices: St Andrews Journal of International Relations, vol. 5, no. 1, pp. 1-8, 2014.
A. Richards, "Conceptualizing Terrorism," Studies in Conflict and Terrorism, vol. 37, no. 3, pp. 213-236, 2014.
M. C. Bassiouni, Legal Responses to International Terrorism: U.S. Procedural Aspects, vol. 4. Dordrecht, The Netherlands: Martinus Nijhoff Publishers, 1988.
A. Conte, "The Nature and Definition of Terrorism," in Human Rights in the Prevention and Punishment of Terrorism. Dordrecht, The Netherlands: Springer, 2010, pp. 7-37.
D. J. Whittaker, The Terrorism Reader. London, UK: Routledge, 2012.
A. E. Boyle, "Globalising Environmental Liability: The Interplay of National and International Law," Journal of Environmental Law, vol. 17, no. 1, pp. 3-26, 2005.
J. Crawford and S. Olleson, "The Nature and Forms of International Responsibility," in International Law. Oxford, UK: Oxford University Press, 2003, pp. 445-531.
A. Nollkaemper, "Internationally Wrongful Acts in Domestic Courts," American Journal of International Law, vol. 101, no. 4, pp. 760-799, 2007.
M. Jansson, The Consequences of a Deletion of the Nautical Fault. Goteborg, Sweden: Chalmers University of Technology, 2007.
A. E. Evans, "Husserl v. Swiss Air Transport Company, 388 F. Supp. 1238," American Journal of International Law, vol. 70, no. 1, pp. 132-135, 1976.
M. C. Bassiouni, Crimes Against Humanity in International Criminal Law, 2nd ed. The Hague, The Netherlands: Kluwer Law International, 1999.
A. Cassese, International Law, 2nd ed. Oxford, UK: Oxford University Press, 2005.