In the aftermath of the events of 11th September 2001, widespread calls were made for the creation of a global security net to defeat the threat of a new breed of terrorism. One year on, we examine some of the major steps that have been taken by the international aviation community to try and meet this objective.
The unprecedented events of 11th September 2001 added a new dimension to the previous pattern of terrorist attacks against civil aviation. Until that time, countermeasures were concentrated on known kinds of hijackers, but not on terrorists prepared to commit suicide during the first phase of a hijacking in order to fulfil the aim of using an aircraft as a weapon against targets on the ground.
For the last thirty years, the International Civil Aviation Organisation (ICAO) has taken the lead role in establishing and strengthening global security standards for civil aviation in response to new and emerging threats. One of the most important legislative functions of ICAO is the adoption of international standards and recommended practices (SARPs), which take their place as annexes to the Chicago Convention 1944 and ICAO has sought to take the initiative in implementing fresh measures in the wake of last year’s attacks.
The cornerstone of ICAO’s response is encapsulated within the recently formulated Amendment 10 to Annex 17 of the Chicago Convention 1944. Annex 17, ‘‘Security’’, is primarily concerned with administrative and co-ordinating actions as well as technical measures for protecting international civil aviation against acts of unlawful interference. Amendment 10 was formally implemented on 1st July 2002 and its principal headline features can be summarised as follows:
- Its provisions are now to be applied to domestic and not solely international carriage.
- Procedures to encourage international co-operation on the exchange of information about terrorist threats.
- Access control for air crew and airport personnel, including random screening at the workplace and background checks as a part of the criteria for recruitment and ongoing employment.
- The introduction of standardised training and certification for all persons involved in the implementation of security controls at airports.
- Mandatory screening of all hold baggage for international carriage from 1st January 2006.
- Measures to ensure that unauthorised persons are prevented from entering an aircraft’s flight deck.
Building upon the latter of these requirements, the American federal government recently announced that all public transport aircraft flying in US airspace from 9th April 2003 must be fitted with purpose-built reinforced cockpit doors and associated locking mechanisms.
Such a decree perhaps underscores the problem of consistent implementation of ICAO standards in member states, an issue exposed in the recent mid-air collision of two aircraft over southern Germany. To address this concern, a high-level Ministerial Conference on Aviation Security held at Montreal in February of this year resolved to launch an ICAO security audit programme (USAP) starting in 2003. USAP will be mandatory for all ICAO member states and will be designed to complement the existing voluntary audit system launched in Europe in 2001 by the European Civil Aviation Conference (ECAC). It is hoped that USAP will be a powerful tool for helping states achieve full compliance with Annex 17.
Concerted efforts to implement tighter security measures will inevitably place a growing demand on cutting-edge technology systems. Evidence suggests that a number of recent advances, including radio-frequency tags on baggage, improved screening facilities and the use of biometrics (as explored in Issue 8 of BLG Aviation News) are becoming available to play key roles in enhancing security and minimising the added inconvenience that more rigorous checks may involve.
The events of 11 September 2001 have provoked a widespread reaction, both regionally and internationally, to previously unappreciated security exposures. Initiatives such as ICAO’s Amendment 10 to Annex 17 and the proposal at the end of last year for an EU Regulation on establishing common rules for aviation security in EU member states will undoubtedly be welcomed. Great care, however, must be taken to ensure that improvements are properly co-ordinated to produce a clear and seamless network of comprehensive security measures across the world. Shortcomings in this respect could potentially compromise the overall effectiveness of the system which, as we were reminded this time last year, can only be as strong as its weakest link.
The content of this article does not constitute legal advice and should not be relied on in that way. Specific advice should be sought about your specific circumstances.