What is the international law concerning aviation accidents?

The international law concerning aviation accidents is that the country where the accident occurs has primary responsibility for the investigation. This was established by the International Civil Aviation Organization (ICAO) in Annex 13, Aircraft Accident and Incident Investigation. The Annex states that “the State in which the accident or incident occurs shall be responsible for the investigation of the accident or incident.” This means that the government of the country where the accident occurred is responsible for conducting the investigation. In addition, the Annex states that the investigation must be conducted “in such a manner as to ensure that the facts are established and that such facts, and the safety lessons derived from them, are widely disseminated without adversely affecting the rights of the persons involved in the investigation or the safety of civil aviation operations.” This means that the goal of the investigation is to identify the cause of the accident and to make recommendations that will help to improve aviation safety. The Annex also states that the investigation’s findings and conclusions should be made publicly available by the State conducting the investigation. As such, any country that is involved in an aviation accident is required to follow the International Civil Aviation Organization’s Annex 13 and cooperate in the investigation. In Kansas, the Division of Aviation of the Kansas Department of Transportation is responsible for leading aviation accident investigations. The FAA assists the state in its investigation. It is important for all people involved in aviation to understand the international law concerning aviation accidents in order to avoid them and help to ensure safe flight operations.

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