In a shocking turn of events, an El Al flight from Warsaw to Tel Aviv was plunged into an unexpected crisis last Sunday over being refused refueling at Antalya airport in Turkey. It had landed there for an emergency evacuation of one of its passengers on urgent medical grounds but got embroiled in a diplomatic quagmire.
The incident, which has sparked international outrage, unfolded when local workers at Antalya airport refused to refuel the El Al flight before its departure to Israel. It declined to do so despite the medical emergency that compelled the unscheduled landing and the evacuation of the sick passenger.
Neri Yarkony, formerly in charge of Israel’s CAA, did not hold anything back in his reaction. He stressed that it was an unimaginable act and a blunt violation of the bilateral agreement on aviation between Israel and Turkey, still in force. His vigorous reaction shows how deep the situation is.
From any point of view, it appears to violate several international laws and agreements:
The rephrased statements are as follows:
- Article 22 of the 1944 Chicago Convention on International Civil Aviation, to which Turkey is a signatory, imposes the obligation on all member states to secure the adoption of all practicable measures to facilitate and expedite aircraft navigation between the territories of contracting states, while preventing unnecessary delays to aircraft, crews, passengers, and cargo.
- Article 25 of this very convention imposes an obligation on the contracting states to furnish such practicable assistance as they may be in a position to do, to aircraft in distress in their territory.
- The International Civil Aviation Organization, set up by the Convention itself under Article 43(f), is entrusted with the task of ensuring that the rights of Contracting States are duly respected and that each contracting State is afforded a fair opportunity to operate international airlines.
- The bilateral air transport agreements between Israel and Turkey—the 1953 one, still in force, and the new one from 2022, signed but not yet in force—both include Art. 13, by which both parties undertake to ensure that their respective aeronautical authorities and airlines are granted neutral and non-discriminatory access to airport facilities and all the related services by the other party.
This refusal to refuel the El Al flight has possible legal implications. El Al can run a suit against the Antalya airport authorities for torts and legally incurred expenses by reason of breach of professional duties. This comprises the risks and hazards taken by the plane and its passengers in having to continue the flight to look for an alternative place of refueling.
Moreover, individual passengers can have causes of action for damages and tort. They were subjected to a number of hours of delay and physical and mental discomfort as this unfortunate incident unfolded.
Also Read – How Do You Add TSA PreCheck® to EL AL Airlines?
According to the article, this incident is symptomatic of a deteriorating political relationship between Turkey and Israel. It mentioned “constant and pervasive incitement against Israel by Turkish President Recep Tayyip Erdogan (TPRTE) and his Islamist regime” as contributing to the meaning of the hostility on display at Antalya airport.
This incident is not merely an inconvenience but a serious violation of the international norms of aviation and the bilateral agreements between the two countries. Hence, the possible effects of such an event may be very wide in scope, embracing possible diplomatic relations, legal frameworks, and—the most important one—the safety control regimes ruling international air travel. Guidance will have to be forthcoming on how both countries respond to this violation in the future and what concrete measures are being taken to ensure avoidance of such breaches in the future.