International legal mechanisms of compensation for damage caused by aircraft to third parties resulting from acts of unlawful interference with civil aviation

Purpose: Analysis of legal doctrine, practice of States and international conventions in order to identify entities that may be subject to compensation of damages caused to third parties resulting from acts of unlawful interference with civil aviation, and due procedure of such damage compensation. Methodology: Formally-legal and historical-legal methods were used. Results: The article analyzes main provisions of international conventions (both effective and not yet in force) dealing with the issue of compensation for damage which may be caused by civil aircraft to third parties, including, as a result of acts of unlawful interference with civil aviation. It is established that the said treaties are based on the principle of aircraft operator liability. At the same time validity of the sole operator’s liability in connection with criminal acts, prevention of which is basically determined by International Civil Aviation Organization (ICAO) and State governments raises doubts. It is revealed that international legal doctrine and practice accept the possibility of bringing States to liability in the event the damage results from crimes committed by individuals. Supplementary Compensation Mechanism (SCM) proposed by ICAO as a measure of the operator’s liability limitation is analyzed. The conclusion on SCM failure is made, as it is fulfilled not by governments, but solely through the fees charged by airlines to passengers and shippers. Novelty/originality/value: The article possesses high scientific value as it is one of the first attempts to analyze the mechanism of compensation for damage caused to third parties resulting from acts of unlawful interference with civil aviation in the context of State responsibility for acts committed by individuals.