The Legal Responsibility of the Air Carrier for the Damages Caused by Terrorist Operations

10.2478/bjlp-2022-002094

Abstract

Global security in general witnessed serious threats after the end of the world wars, as it entered a dark tunnel called the Cold War. The traditional armed conflicts are no longer the only threats to this security, but what is more dangerous and dangerous appeared on the scene, such as terrorism in its various forms and forms, and this has helped.  The spread of sectarian and ethnic conflicts on the one hand, and the proliferation of weapons of mass destruction on the other.  Terrorist activities have found paralyzing and threatening air traffic movement (the events of September 11th), considering that the regularity and safety of this navigation is a matter of national security for all countries of the world, as it is the means of communication for any country and the first tributary of its international trade. The study aims to determine the civil liability of the air carrier for damages resulting from terrorist incidents, and the legal consequences of those accidents in the field of air transport.  It relied on the descriptive approach to study the problematic extent to which the air carrier can be held accountable for terrorist incidents that occur during the air transport process, based on what was decided by international conventions, and what was settled in international judicial rulings regarding cases of compensation for those affected by terrorist incidents in the field of air transport.  The study reached several results, the most important of which is that the responsibility of the air carrier regarding terrorist incidents in the event of his failure to take the necessary measures to prevent terrorist incidents and after the occurrence of those terrorist incidents.  It also presented a set of recommendations that the researcher believes are necessary to ensure the responsibility of the air carrier for the damages resulting from terrorist incidents.