Full Answer Section

Here’s why:

• The Chicago Convention and Freedom of Overflight: The Chicago Convention, specifically Article 1, guarantees the right of innocent passage for scheduled air services. This means countries cannot arbitrarily divert flights flying through their airspace unless there’s a legitimate and imminent threat to safety or security.
• Suspicious Grounds for Diversion: The reported justification for diverting the flight – a bomb threat via email – seems dubious. Standard aviation protocols dictate verification of such threats before taking drastic measures like diverting a commercial flight.
• Targeting of Political Dissidents: The presence of political dissidents on board and the known history of Belarus cracking down on dissent raise concerns that the diversion was politically motivated, not based on a genuine security threat.

It’s important to note that Belarus may argue they acted within the Convention’s provisions if they could demonstrate a clear and imminent threat. However, the burden of proof lies with them. Given the suspicious nature of the threat and the political context, Belarus’ actions seem more likely a violation of the right to innocent passage enshrined in the Chicago Convention.