Definition of Air Espionage

Air Espionage can be defined as “making an

intrusion into the airspace of another country for
the purpose of gathering classified or sensitive
information. It can be committed through:

1. Unmanned Aerial Vehicles (UAV’s or Drones); or

2. Piloted Aircrafts.
 International Law on Air Espionage

It can be discussed with reference to the

provisions of the following Conventions:

1. The Convention on International Civil Aviation,

1944 (Chicago Convention).
2. The Treaty on Open Skies, 1992.
 The Chicago Convention, 1944
Some provisions of The Chicago Convention, 1944,
prohibit air espionage either expressly or
impliedly.

• Article 4.
• Article 8.
• Article 9.
• Article 16.
• Article 36.
• Article 68.
 Article 4 (Misuse of Civil Aviation)
• Article 4 provides that all contracting parties are
duty bound not to use civil aviation for any
purpose inconsistent with the aims of the Chicago
Convention.
• As per the Preamble of the Convention, its aims
and objectives are the use of international civil
aviation to create, promote and preserve
friendship among nations; and to develop
international civil aviation in a safe and orderly
manner.
 Article 8 (Prohibition on UAV’s)
• Article 8 prohibits the flying of UAV’s over the
territory of a foreign country without its
permission.
• It provides that no aircraft capable of being flown
without a pilot shall be flown without a pilot over
the territory of a contracting State without
special authorization by that State and in
accordance with the terms of such authorization.
 Article 9 (Prohibition of flight over
Restricted Areas)

• Article 9 provides that each contracting State may

restrict or prohibit the planes of other countries
from flying over certain restricted areas of its
territory for reasons of military necessity or
public safety.
 Article 16 (Search of Aircraft)

• It provides that the appropriate authorities of

all contracting States shall have the right,
without unreasonable delay, to search aircraft
of the other contracting States on landing or
departure, and to inspect the certificates and
other documents prescribed by this
Convention.
 Article 36 (Prohibition or
restriction on Photography)

• It provides that each contracting State may

prohibit or regulate the use of photographic
apparatus in aircraft over its territory.
 Article 68 (Designation of routes
and Airports)

• Each contracting State may, subject to the

provisions of this Convention, designate the
route to be followed within its territory by any
international air service and the airports
which any such service may use.
 Treaty on Open Skies, 1992
• It has legalized air espionage to a limited extent.
• It was signed in 1992 and came into force in 2002. It
has been ratified by 34 States till date.
• It establishes a program of unarmed aerial
surveillance flights over the entire territory of its
participants.
• The treaty is designed to enhance mutual
understanding and confidence by giving all
participants, regardless of size, a direct role in
gathering information about military forces and
activities of concern to them.