Rule 56

If a civilian or other protected aircraft enters an area of potentially hazardous military activity, it must comply with a relevant NOTAM.

[Commentary]

  1. This Rule is derived from the first sentence of Para. 77 of the SRM/ACS.[342] However, the Group of Experts inferred from State practice that compliance by a civilian or other protected aircraft with a relevant NOTAM in an area of potentially hazardous military activity is obligatory and not — as presented in the SRM/ACS — optional. See also the second sentence of Rule 54.

  2. As to the meaning of “other protected aircraft”, see paragraph 5 of the Commentary on the chapeau of Rule 55.

  3. As to civilian airliners, see Rule 60.

  4. Although a non-State organized armed group is not in a position to issue formal NOTAMs that are legally binding, an aircraft that fails to comply with instructions from a rebel group clearly places itself at risk.

  1. Para. 77 of SRM/ACS: “If a civil aircraft enters an area of potentially hazardous military activity, it should comply with relevant NOTAMs. Military forces should use all available means to identify and warn the civil aircraft, by using, inter alia, secondary surveillance radar modes and codes, communications, correlation with flight plan information, interception by military aircraft, and, when possible, contacting the appropriate Air Traffic Control facility.”

Categories: I: Safety In Flight