TNAG-2856-FCO40-4109-Hong-Kong-compensation-claim-regarding-Korean-Air-Lines-Flig-1993 — Page 64

Da KAL-007: ICAO REPORT

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NO.

ATTACHMENT

26

RESOLUTION ADOPTED BY THE COUNCIL OF THE

INTERNATIONAL CIVIL AVIATION ORGANIZATION

AT THE SEVENTH MEETING OF ITS 139TH SESSION ON 14 JUNE 1993

The Council of the International Civil Aviation Organization

Recalling the Resolutions adopted and the decisions taken on 16 September 1983 at the Extraordinary Session of the ICAO Council and endorsed by the 24th Session of the ICAO Assembly in October 1983 as well as the Council Resolutions of 13 December 1983 and 6 March 1984, and the Council decision of 18 December 1992, concerning the shooting down of Korean Air Lines Boeing 747 (Flight KE 007) on 31 August 1983;

Having considered the Report of the completion of the fact-finding investigation instituted by the Secretary General pursuant to the decision of the Council of 18 December 1992;

Recalling that the 25th Session (Extraordinary) of the Assembly in 1984 unanimously recognized the duty of States to refrain from the use of weapons against civil aircraft in flight;

Recognizing with appreciation the contribution of the Governments of Canada, France, Japan, the Republic of Korea, the Russian Federation and the United States, including making available experts, material and technical installations which facilitated the completion of the fact-finding investigation;

1.

in this tragic incident;

2.

Expresses again its profound sympathy and condolences to the families bereaved

mission by the authorities of all States concerned;

3.

Expresses appreciation for the full co-operation extended to the fact-finding

Expresses appreciation to the Secretary General for the professionalism of the

ICAO team and to the experts from the parties concerned;

4.

Requests the Air Navigation Commission, in its continuing review of the technical Annexes to the Chicago Convention, to take into account the new facts contained in the Report, Addendum No. 1 and Information Papers Nos. 1 and 2 related to it;

5.

Appeals again urgently to all Contracting States that have not yet done so to ratify, as soon as possible, the Protocol introducing Article 3 bis into the Convention on International Civil Aviation, which reaffirms the fundamental principle of general international law that States must refrain from resorting to the use of weapons against civil aircraft;

6.

Urges States to take all necessary measures to safeguard the safety of air navigation of civil aircraft, in compliance with the relevant rules, Standards and Recommended Practices enshrined in the Chicago Convention and its Annexes;

7. Decides that the fact-finding investigation has been completed and that the Report of the completion of the fact-finding investigation regarding the shooting down of Korean Air Lines Boeing 747 (Flight KE 007) on 31 August 1983 in C-WP/9781 no longer has a restricted character,

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