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Coll 5/7 ‘Afghanistan: Violation of frontier by RAF machines; Special instructions to pilots; General international practice’ [8r] (15/449)
The record is made up of 1 file (223 folios). It was created in 13 Nov 1930-20 Mar 1947. It was written in English. The original is part of the British Library: India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. Records and Private Papers Documents collected in a private capacity. .
Transcription
This transcription is created automatically. It may contain errors.
r
/ (j. 1711 / 714 / 97 ).
0
The proposed reply of the a-overnmenx of India seernjs rather
cavalier. ./e have not received details h ■ (11 ... j-fi on s of
Afghan territory referred to, but it would be useful to know
what the general legal position is.
(digned) G.H. Baker
26/2.
The general legal position is surely that military aircraft
of any state have no right to fly without permission over the
territory of another state.
Mr. Vincent Evans.
I gather that the Afghan Government complained of three air
violations of the Afghan-Indian frontier by British military
aircraft. In any event the proposed reply relates to military
aircraft.
The Convention on International Civil Aviation signed by the
United Kingdom, India and Afghanistan at Chicago in 194^4 provides
in Article 3 (c) that no state aircraft (defined in Article 3 (b)
or including military aircraft) of a contracting state shall fly
over the territory of another state - without authorization by
special agreement or otherwise and in accordance with the ten s
thereof. The Convention in this respect substantially repeats
as regards military aircraft Article 32 of the Convention for the
Regulation of Aerial navigation of 1919 to which the British
Empire was a party, but not Afghanistan.
The memorandum referred to in the British Legation’s letter .
of the 14th February would not only appear not to answer the
Afghan corr-i laint but would seem to amount to a repudiation of
the practice laid down in those Articles of the Convention of 1919
and 1944* However the Convention of 1919 does not bind the
United Kingdom or India in its relations with Afghanistan and the
Convention of 1944 has not yet been -Satisfied by 26 states so as
to bring it into force under Article 91, no^, I believe, have we
yet been officially informed that the United Kingdom, India or
Afghanistan have deposited instruments of ratification though I -
am told that InaiiL-^ nd the United Kingdom were expected t o do so
on 1st Larch last , nevertheless the Article may be regarded as
express ive of what is generally accepted to be correct international
practice as regards military aircraft and for a state which is
a party to the Conventions to ignore that practice in the manner
now apparently proposed would be improper and, from the point of
view of international lav/, unsatisfactory.
gree with Mr. Evans minute and suggest that we should write
the Air Ministry making some of his points and obtain their news.
(Intild) R.G
VJ- •
26 /
(Signed) /.V.J. 3vans
4th Larch, 1947.
Lr. Beckett.
./ill you please see this?
(Intild) .7.V.J.3
V3
(Intild)
About this item
- Content
The file is concerned broadly with three topics. The first, found predominantly between folios 102-224, is about complaints made by the Government of Afghanistan over violations of its territory by aircraft of the Royal Air Force, and complaints made by HM Minister at Kabul that the Government of India does not take the complaints seriously enough. The file therefore contains details of these violations, investigations undertaken into complaints, and any action taken by the Government of India in response: for example see folios 208-12. It also contains a number of memoranda outlining examples of territorial violations by aircraft from the rest of the world for comparison: see folios 165-68, 159-60, and 149-51.
The second topic, also found predominantly between folios 102-224, is about periodic amendments to the Government of India's rules for pilots flying in the North West Frontier. The most significant change is a reduction of the extent of prohibited zone — an area around the Afghan-Indian border within which aircraft are not supposed to fly — from six to three miles. The file includes related discussion as to what impact this could have respecting the number of accidental incursions into Afghanistan.
The third topic, predominantly found between folios 4-101, concerns aerial photographic survey work to be undertaken along the Afghan frontier in Baluchistan and the North West Frontier Province. The file includes proposals for survey work from the Surveyor General of India, correspondence respecting the suspension of the prohibited zone, and notifications of proposed survey work provided to HM Minister at Kabul. A map showing the areas in India prohibited to civil aircraft can be found on folio 95.
The main correspondents are as follows: HM Minister at Kabul; the Foreign Secretary to the Government of India; the Foreign and Political Department of the Government of India (from 1937 the Department of External Affairs); the Government of India Department of Education, Health and Lands; the Surveyor General of India; officials of the Foreign Office; and officials of the India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. .
The file includes a divider which gives a list of correspondence references contained in the file by year. This is placed at the back of the correspondence.
- Extent and format
- 1 file (223 folios)
- Arrangement
The papers are arranged in approximate chronological order from the rear to the front of the file.
- Physical characteristics
Foliation: the main foliation sequence (used for referencing) commences at the first folio with 1 and terminates at the inside back cover with 224; these numbers are written in pencil, are circled, and are located at the top right corner of the recto The front of a sheet of paper or leaf, often abbreviated to 'r'. side of each folio.
An additional foliation sequence is present in parallel between ff 2-222; these numbers are also written in pencil and circled, but are crossed through.
- Written in
- English in Latin script View the complete information for this record
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Copyright: How to use this content
- Reference
- IOR/L/PS/12/1952
- Title
- Coll 5/7 ‘Afghanistan: Violation of frontier by RAF machines; Special instructions to pilots; General international practice’
- Pages
- front, front-i, 2r:90v, 94r:94v, 96r:157v, 159r:224v, back
- Author
- East India Company, the Board of Control, the India Office, or other British Government Department
- Usage terms
- Open Government Licence