According to media reports last Sunday, an El Al plane flying from Warsaw to Tel Aviv was not allowed to refuel in Antalya, Turkey, after making an emergency landing to evacuate a passenger who required urgent and life-saving medical treatment.
Apparently, due to political hostility generated by the Turkish leadership, local officials at Antalya airport refused to allow the plane to refuel before taking off for Israel, despite a medical emergency that required an emergency landing in Antalya and the immediate evacuation of sick passengers.
Without going into the regrettable and bitter situation in Turkish-Israeli political relations, including the constant and widespread incitement against Israel by Turkish President Recep Tayyip Erdogan and his Islamist regime, this aggressive action by Turkish airport authorities at Antalya airport represents several substantial violations by Turkey of international law and its aviation obligations.
Furthermore, there appear to be sufficient grounds for El Al to bring a lawsuit against the Antalya Airport Authority for various damages and expenses incurred as a result of the breach of its professional responsibilities, including the risks and dangers posed to both the aircraft and the passengers by El Al having to resume flights in order to find an alternative refuelling site.
Furthermore, this reprehensible behaviour by Antalya Airport staff may give rise to claims for damages and tort claims by individual passengers who were forced to endure hours of delay and physical and mental suffering during this unfortunate incident.
Neri Yarkony, former head of Israel’s Civil Aviation Authority (CAA), immediately condemned Turkey for the unthinkable act and a “blatant violation of the still-valid bilateral aviation agreement between Israel and Turkey,” underscoring the seriousness of the incident.
Against the rules
In fact, the 1944 Chicago Convention on International Civil Aviation, to which Turkey is also a party, which has been amended over the years, requires all countries to “take all practicable measures, by promulgation of special regulations or by any other means, to facilitate and expedite the passage of air traffic between the territories of the Contracting Parties and to prevent unnecessary delays of aircraft, crew, passengers and cargo” (Article 22).
Furthermore, the Convention requires that Contracting Parties “shall provide such measures of assistance as they deem practicable to any aircraft in distress within their territory and shall authorize the owner of the aircraft, or the authorities of the State in which the aircraft is registered, to provide such measures of assistance as may be required in the circumstances, subject to the control of the authorities of that State” (Article 25).
The International Civil Aviation Organization established by the treaty is required to “ensure that the rights of the Contracting Parties are fully respected and that all of them have a fair opportunity to operate international air carriers” (Article 43(f)).
In Israel-Turkey bilateral aviation relations, as agreed in the 1953 Bilateral Air Services Agreement, which is still in force, and in the new renewal agreement signed in 2022 and applicable but not yet in force, both parties have committed to “ensuring that neutral and non-discriminatory access to airport facilities and all related services is granted to the other party’s airlines” (Article 13, entitled “Principles Governing the Operation of the Agreed Services”).
Clearly, the legal consequences of this regrettable incident must be addressed at all levels of relations, including between the two countries, their respective civil aviation authorities, between El Al and Antalya Airport authorities and employees, and among the airline passengers who suffered humiliation, inconvenience and discomfort due to the impulsive, arbitrary and clearly illegal actions of Antalya Airport employees in refusing to refuel the plane after the emergency landing.
An international lawyer, the author has served as legal advisor to the Israeli Ministry of Foreign Affairs, participated in the negotiation and drafting of bilateral aviation agreements between Israel and other countries, represented Israel at International Civil Aviation Organization conferences and meetings, served as Israel’s ambassador to Canada, and currently heads the International Law Program at the Jerusalem Center for Foreign Relations.
