Russia’s invasion of Ukraine has been, quite literally, criminal. Well-documented allegations include the deliberate targeting of civilians, forced transfer of adults and children to Russia, sexual violence and arbitrary executions. These crimes are being investigated, but other, less spectacular crimes are not.
Russian transgressions – such as violations of Ukrainian airspace and endangerment of civilian aircraft – violate the principles outlined in the Convention on International Civil Aviation. As the families of passengers on Malaysian jetliner MH17, shot down by Russian forces over Ukrainian air space in 2014, will agree, Russia must be held accountable.
The place to start is a little-known, but critical international organization based in Montreal. The International Civil Aviation Organization (ICAO) codifies international aviation law, standards and practices to ensure safety and security. At once mundane, bureaucratic and complex, the international rules of the aviation road are as critical to civilian safety as actual road rules.
ICAO is limited in what it can do about Russia’s repeated violations of these rules. It has no organizational authority to sanction or act against a transgressor or punish nations for violating ICAO standards and practices. But the small, specialized United Nations agency is not without options.
It has already taken baby steps. In February, the ICAO condemned Russia’s violation of the territorial integrity and airspace of Ukraine and “underscored the paramount importance of preserving the safety and security of international civil aviation and the related obligations of Member States.” Last month, the ICAO called on Russia to immediately cease its infractions of the Chicago Convention relating to the dual registration of aircraft, which “raises safety concerns relating to, among others, the international validity of each airplane’s certificate of airworthiness and radio station license.”
These statements are a little lame in the face of brazen assaults on the international rule of law. But coming from an organization that has, in the past, been reluctant to address politically fraught matters, and steered well clear of offending Moscow or Beijing, they are a welcome stand.
In addition, ICAO member states can act to ensure that Russia is not rewarded with unnecessary influence within the organization. Specifically, Russia is running for reelection to the influential ICAO Council. The U.S. and allies need to pull out all the stops to block this effort. ICAO’s reputation is already tarnished after years of Chinese leadership. Allowing an international pariah to win reelection to the ICAO Council will further damage its credibility and, worse, give Russia an opportunity to further undermine the ICAO mission.
Unlike ICAO, individual nations do have more pointed options to punish Russia. The United States and others have closed airspace to Russian flights. The U.S. Federal Aviation Administration (FAA) also downgraded its air safety rating for Russia because Moscow’s Federal Agency for Air Transport does not comply with ICAO safety standards. Inside ICAO, Washington should work to have other nations impose similar sanctions. Indeed, the U.S. should push to have ICAO issue a public warning about potential safety concerns about Russia and its airlines.
With a little bit of leadership, the United States (the largest contributor to the ICAO budget) could begin to broaden Russia’s pariah status and reclaim international organizations for legitimate democratic governments. It’s a shame that Captain Chesley “Sully” Sullenberger chose to leave his posting as the Biden administration’s ambassador to ICAO after six months. But his departure should not signal a U.S. abdication of responsibility.
U.S. leadership is needed to counter China, Russia and other states that flout international rules and to help ensure that civilian passengers are protected from military aggression.
Brett Schaefer is The Heritage Foundation’s Jay Kingham Fellow in International Regulatory Affairs. Danielle Pletka is a distinguished senior fellow in foreign and defense policy studies at the American Enterprise Institute.