Venezuela rejects Argentina’s decision on Emtrasur aircraft

Venezuela rejects Argentina’s decision on Emtrasur aircraft
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Fecha de publicación: 
31 December 2023
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Venezuela has categorically rejected the decision by Argentine authorities regarding the hijacking of the Emtrasur aircraft that has been illegally held in that country since last year.

A press release published on the X platform by Venezuelan Foreign Minister Yván Gil questioned the decision by the Argentine Federal Prosecutor of Lomas de Zamora, Cecilia Incardona, and the head of the General Directorate of Regional and International Cooperation of the Attorney General’s Office, Diego Solernó.

The statement pointed out that the “ongoing violation” of international commitments acquired by the Argentine State with the subscription of international agreements, mainly the Convention on International Civil Aviation is a public, notorious and communicative event, as well as the Vienna Convention on the Law of Treaties, the United Nations Charter, the Bilateral Agreement between Caracas and Buenos Aires, and other deals related to International Air Navigation and Human Rights.

The text stressed that the International Law Commission and the doctrine recognize that the Vienna Convention on the Law of Treaties, a Codification of International Law, is an autonomous source of discipline as provided for in Article 38 of the Statute of the International Court.

Therefore, it emphasized that “the treaty signed by the United States and Argentina does not apply.”

The text emphasized that the Argentine courts intend to ignore the content of Article 27 of the Convention on International Civil Aviation, which establishes the prohibition of “paralysis or seizure” of an aircraft in service for patent issues.

It explained that after a trial full of arbitrariness and breach of the domestic legal system, it was demonstrated that the crew, the aircraft, and the cargo complied with all international standards for air navigation and the Argentine legal system. They intend to apply an International Legal Assistance Treaty between Argentina and the United States.

The press release affirmed that this bilateral agreement “cannot be enforced to a third country” because it would be a clear violation of the obligations assumed in multilateral agreements, and in which Buenos Aires, Washington, and Caracas have acquired commitments and procedures to resolve this kind of controversy.

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