For this reason, the Dutch Safety Board investigating the 2014 shoot-down of Malaysia Airlines MH17 over Ukraine recommended that States “receive more stimuli and support in such situations in order for them to be able to take this responsibility”.165 Building on this work, Canada has proposed the Safer Skies Strategy166 that seeks to establish a common set of practices for sharing information, issuing warnings and restrictions regarding conflict zones, as well as enhancing the aviation industry’s risk-management practices.
What Are NOTAMs? NOTAMs and Aeronautical Information Circulars (AICs) are the most commonly used means to convey flight safety information – including conflict zone-related advisories/restrictions. The main difference between the two is the duration of their publication. NOTAMs are generally used to notify pilots of shortterm events and are not designed to be valid for more than three months. On the other hand, an AIC is typically used to share long-term information of a purely explanatory or advisory nature that would affect flight safety. At present, different States have taken different approaches to disseminating conflict zone information/ notifications to air operators. For example, in Canada NOTAMs and AICs are used in a complementary fashion to ensure the most effective conveyance of conflict zone information. For imminent threats, Canada issues NOTAMs which are, over time, replaced by AICs.
Iran Iran did not issue a NOTAM in the days or hours immediately prior to the downing of Flight PS752. Further, it did not issue any NOTAMs to advise of elevated risk in its airspace. It released NOTAMs A0086/20 and A0087/20 hours after the downing of Flight PS752 for the sole purpose of conveying air traffic management changes. A0086/20 was issued on January 8, 2020, at 05:49 UTC (09:19 TT) and restricted civilian air traffic from using the air space between PAXAT, RAGET and BOXIX – airspace waypoints that exist between Iran and Iraq. The second NOTAM, A0087/20 was issued shortly afterwards at 06:53 UTC (10:23 TT) to redirect civilian air traffic from certain flight information regions (e.g. OBBB - Bahrain and LTAA - Ankara) in the west of Tehran near the Iraq border. Transport Canada advised that Iran has a history of issuing NOTAMs for planned military exercises and activities taking place near Iranian airports but could not find any instances of Iranian airspace closures due to active military operations or increased tensions with other States (including heightened tensions with the US in June 2019 and more recently).
Ukraine The Ukraine State Aviation Administration (USAA, Civil Aviation Authority) had not issued a NOTAM prior to the downing of Flight PS752 and did not do so until January 8, 2020 (15:35 UTC / 19:05 TT). Ukraine NOTAM A0033/20 stated that Ukrainian air operators were prohibited from flying within the airspace of Iran and Iraq. A NOTAM remains in place prohibiting Ukrainian air operators from “performing flights” within Iranian airspace (NOTAM A4481/20).167
62
