Regulating Ballistic Missile Usage for Ensuring Civil Aviation Safety: As a Matter of Urgency

• Author: Amad Sudiro
• Position: Dean of Law Faculty at Tarumanagara University, Jakarta, Indonesia. LL.B.(Trisakti Univ.), LL.M.(Tarumanagara Univ.), Ph.D.(Indonesia)
• Pages: 453-454

East Asian Observer

453

XI JEAIL 2 (2018)

EAST ASIAN OBSERVER

Regulating Ballistic Missile Usage for Ensuring Civil

Aviation Safety: As a Matter of Urgency

Amad Sudiro

∗

The increasing use of ballistic missiles as a means of delivering weapons of mass destruction

in the course of military activities constitutes a new threat to civil aviation safety. Ballistic

missiles are considered as a new form of offense and defense. These challenges may come

in the form of warheads, carried by the missiles, with the possibility to explode at any time

in air, or the long ranges of the missiles that bring them close to ight routes, which may

endanger civil passengers. The multilateral treaty on ballistic missile prohibition is non-

binding in nature, voluntary and has a limited duration puts civil aviation safety at risk.

Therefore, regulating ballistic missile in a binding manner are urgently needed to ensure

civil aviation safety.

Keywords

Ballistic Missile, Civil Aviation Safety, Regulation, ICAO, Chicago Convention

1. Introduction

A missile is a self-propelled guided weapon system. It is different from unguided self-

propelled munitions, referred to as rocket. Missiles have four system components:

targeting and/or guidance system, ight system, engine, and warhead. Missiles come

in various types adapted for different purposes: surface-to-surface and air-to-surface

missiles (ballistic, cruise, anti-ship, anti-tank, etc.), surface-to-air missiles (anti-aircraft

and anti-ballistic), air-to-air missiles, and anti-satellite missiles. All known existing

missiles are designed to be propelled during powered ight by chemical reactions

* Dean of Law Faculty at Tarumanagara University, Jakarta, Indonesia. LL.B.(Trisakti Univ.), LL.M.(Tarumanagara

Univ.), Ph.D.(Indonesia). ORCID: http://orcid.org/0000-0002-9481-8983. The author may be contacted at:

sudiroamad@gmail.com /Address: Jl. Letjen. S. Parman No. 1, Grogol, Jakarta Barat 11440 Indonesia.

DOI: http://dx.doi.org/10.14330/jeail.2018.11.2.10