What does it mean to violate the airspace of a state: how to calculate and until it extends

What does it mean to violate the airspace of a state: how to calculate and until it extends

THE’media attention In these days it is focused on the alleged incursions of the airspace from the BORN (From Poland to the Baltic countries) by unauthorized drones: last night the Danish airport of Aalborg was closed again after the sighting of suspicious drones, even if no confirmation has yet arrived from the authorities sovereignty.

In a scenario like the current one, where you often hear improperly talk about “third world war”, we try to understand a little better than what a country’s airspace is and what it can entail violation. There Chicago convention of 1944 It establishes that each state has full and exclusive sovereignty on the air space above its territory (which includes the mainland and territorial waters, which extend up to 12 marine miles from the coast). Vertically, however, things are more complicated, because there is no international agreement that specifies the limit: by convention, the Imaginary Kármán line (100 km from the ground), to distinguish the air space from the extra-atmospheric one.

In any case, the violation of the airspace of a state implies the violation of its borders: in the case of NATO there is a shared mission of Air Policing To monitor and intervene immediately in the case of trespassing.

How to calculate the airspace of a state: the map of Italy

As mentioned, a state exercises its sovereignty (and therefore the own control) within its territory. The latter includes land, territorial waters (up to 12 marine miles from the coasts) and also heaven, with the airspace that is in fact a part of the state. The problem is that, if from a terrestrial point of view, it is relatively simple to trace boundaries (also thanks to the presence of physical borders or natural elements such as rivers or mountainous chains), in the case of aerial space this task is not as easy, so much so that these boundaries can often be defined as “invisible”.

In practice, the Chicago convention provides that, from a point of view horizontala state’s airspace includes “Le land regions and adjacent territorial waters“Up to 12 marine miles, as can be seen below with the map of Italy.

Space-aircraft-cats-Italy
The map of the Italian airspace. The FIRs (Flight Information Region) are the regions of the airspace where a state is responsible for providing flight and alert information services. Credit: Aeronautical desk

But if from a horizontal point of view, the outline is quite simple (all the mainland plus the 12 marine miles from the coasts), from a vertical point of view the distinction becomes more complex, given that the Chicago convention does not establish anything specific. By agreement, the Kámán line, That is, the imaginary border that marks the limit between the terrestrial atmosphere and the outdoor space, located about 100 kilometers above the sea level: this border, in fact, marks the beginning of the extra-atmospheric spacewhich is considered res communis omnium Based on the Treated on extra-atmospheric space of 1967. To understand, beyond the atmosphere, no state can exclusively exercise one’s sovereignty, exactly as it happens in the case of international waters.

The problem, however, is that the division established by the Kármán line is not recognized by the Chicago convention or by the Treaty on the extra-atmospheric space and, consequently, does not have a binding (and therefore mandatory) value for the states.

What happens if an unauthorized aircraft is intercepted in NATO aerial space

In short, despite being outlined by “Invisible” boundariesHowever, the airspace remains a territory of the state and, as such, it is inviolable. Precisely for this reason, from a legal point of view, entering into the airspace of another state without its authorization implies an invasion of its borders and, consequently, violation of international law.

In practice, when an unauthorized aircraft is intercepted in the airspace, there are standard procedures established by the same Icaothe international organization of civil aviation that was created with the entry into force of the Chicago Convention.

Specifically, after being intercepted, the aircraft is primarily obliged to respond to visual and radio signals: In case of non -response, the support of an aircraft immediately starts to try to better understand the dynamics of the facts: it could in fact be a terrorist attack, but also a aircraft that is no longer able to communicate due to a technical malfunction.

At that point, the intruder aircraft can be escorted to the groundforced to a Mandatory landing or forced to forcefully outside that airspace, and then be sanctioned for violation of the boundaries of a state.

In the case of NATO, since it is a military alliance (which also includes Italy), the controls are even more strengthened: for the countries of the Atlantic alliance, in fact, the system Air Policinga permanent control mission (carried out collectively) which involves the continuous presence – 24 hours a day, 365 days a year – of combat planes and crews, ready to react immediately in the case of possible violations of the airspace.

There Air Policing It takes place using the Integrated Air Defense System of the NATO (NIAMDS) and is supervised by ALLED AIR COMMAND (AIROM) Thanks to two aerial operations centers: one in Torrejón, Spain, which covers the air space south of the Alps, and one in Uedem, in Germany that covers the North.

The mission of Aerial police NATO has been active since the 1950s, but was integrated in 2004 with a mission dedicated to the Baltic countries (Baltic Air Policing), under the control of Italy until the end of 2025.