UNCLASSIFIED

Principal Staff Judge Advocate

U.S. Indo-Pacific Command

CAPT Dom Flatt, JAGC, USN

Signature Ett

Signed on S&S december 2023

Legal Affairs General

Japan Joint Staff

Col. Junji Shinagawa, JGSDF

Signature ce l is a

Signed on

a - Dec. 202

UNCLASSIFIED



UNCLASSIFIED

Combined Legal Understanding
Regarding Air Intercepts

Air Intercepts CBAS St RORHBH

1. This paper is a combined understanding of international law by the
legal staffs of the Japan Joint Staff (JJS) and U.S. Indo-Pacific
Command (USINDOPACOM). Its purpose is to document consensus
and synchronize legal advice to JJS and USINDOPACOM leadership
during combined operations. The views expressed below reflect those
of the JJS and USINDOPACOM legal staffs.

2. Background. The JJS and USINDOPACOM legal staffs are
concerned by the reported trend of coercive and risky air intercepts by
the People’s Liberation Army (PLA) against State aircraft operating
lawfully in international airspace. International law requires that air
intercepts be executed safely and with due regard for all nations’ rights
and freedoms in international airspace. Despite these obligations,
reports indicate that PLA aircraft have executed exceptionally close
approaches, engaged in reckless or aggressive maneuvers, and breached
safety of flight protocols. This behavior creates risk of mishap,
collision, or loss of life.

3. Air Intercepts. Air intercepts are not prohibited under international
law. State aircraft may lawfully intercept other State aircraft for
purposes such as identification, verification, or escort — provided the
intercept occurs safely, professionally, and with due regard for those
freedoms afforded to all States by international law.

LABS, ARORABIREAB WIS) CKTYFALER

(USINDOPACOM) O2k FRI KS RRRICHS SHBOBRT
5d. SXBOBHN, ABARERHCISCCBC, AMPERES
WC, EGR BEAT Y FAH R OE BICHT SRN MEE
—RECSICCHS. AF ORIS, HABREBCKIY FARE
BORER RICLEEO CHS.

28: KARKEBSLOKIY FAL SSOLBSR, BR
RACHEVICEHS SHOMZRCHISPRARRLE

(PLA) (ChB aR HATA DPE RRE HELE (intercept) ARVIEENTU
SCEMBEIAU TUS, APA, BPRZRICSISSHORAC
BACLAES MEW, RSICHSE (intercept) ERMISOLE
BBAITWS, CILEBBICHNDDSS, RACH, PLA Of
PBSROOBALET, RREKIIKEHGEHEIT, REGR
FTRMEBTLUBU. COLIGTHIS, BK, HR AMRBAC
WokYAIE5| SS,

3. Air intercepts : Air intercepts (4, HIBALMIEENTHGU, BO

MAIS, BS, HER, BHSCORNT, HOHOMZE CAA

(CHEUE (intercept) FSTLH CSS. KEL, THIS, MBBAO BAT
(intercept) PREDIFOIIYYaPIVICATON, HBKICLOTTN

UNCLASSIFIED



UNCLASSIFIED

4. International Law and Due Regard. International law divides
airspace between territorial airspace (i.e., airspace over a State’s land
territory, internal waters, territorial seas, and archipelagic waters),
which is subject to the sovereignty of a State, and international airspace,
which is seaward of the territorial airspace and not subject to the
sovereignty of any State. All nations are bound to these airspace regimes
as a matter of customary international law reflected in the U.N.
Convention on the Law of the Sea (UNCLOS). In international airspace,
all States enjoy freedoms of navigation and overflight, and other
internationally lawful uses related to these freedoms. The requirement
to fly with due regard for other nations’ aircraft operating lawfully in
international airspace is likewise binding customary international law.
Additionally, the Chicago Convention requires States to exercise “due
regard” when intercepting civil aircraft.

5. International Standards. Beyond the requirement to operate with
due regard, there is no established international law regarding aerial
encounters of State aircraft, but there are international norms and
standards that preserve freedoms to use international airspace as well as
ensure safety. With a membership of 190 of the 193 United Nations
(U.N.) member nations, the International Civil Aviation Organization
(ICAO), a specialized agency of the U.N., was established in 1947 for
this specific reason. ICAO codified principles of international air
navigation and establishes standards and recommended practices.

ICAO recommends that states develop intercept methods according to
a “standard method” designed to “avoid any hazard for the intercepted

TORISASNTUSAMTIOR HICK SEE RETA BOK LCT
DNS BAICMRENS.

4. BRHACRAGER (Due Regard) > BRAT Swe,
ROEM RISRE FEDS, RL, Ak, MARVH SAMO
ER) €, BROMLEY, UPESHROLMCERSCVERE
BICRAL TUS, BIBER (UNCLOS) CRMRENTWS
REBRACLT FATOMRIS, CNSOZMOMBICHRENS,
PRE CIL, TN COMM TCLZAMTIOR HH, RUCNSOR
FIRES STOORRNIC ARGH ASSIS. PRLRES
RVICHATT Sth OMA BIC TD LAGS MEILICHATISLE
PERENSILEMRICHRA OSS AB BK CHS. 5, YH
TAS, REMLSEAS (intercept) SSRICIR4GSMIE
WITLESAICBRUUS,

5. PRAIGBE > RAGS MAT CHAT SCOP RGHSNSTEM
lcd, RESHOMAMAWISLE PICHES NAHE ILENE BRAS
FELEUM, RESET SA PREEHRI SOON
HEMBPAEIEESS. HEMBA 193 1054 190 pHa
SSH RMMLAE (ICAO) [d, HOWE THY. TO
BORO 1947 FICRITANE, ICAO [SHRM MTORA, FE
WANK, HRT NS EME RITILL TUS.

ICAO [d, SHUCRE (intercept) NSRZAMALOEREA
HCAS JATICHRTANK REN EAE JCI

UNCLASSIFIED



UNCLASSIFIED

aircraft.” This includes “the need to avoid flying in such proximity to
the intercepted aircraft that a collision hazard may be created.”

6. Safety and Professionalism. When compatible with mission
requirements, military aircraft that encounter each other should operate
consistent with international norms concerning the use of international
airspace and ICAO standards. Safe intercepts are typically characterized
by controlled closure rates and stable station-keeping. Professionalism
is characterized by proper airmanship and non-provoking maneuvers,
without any overtly aggressive actions, words, or gestures.

7. Conclusion. Air intercepts must comply with international law and
be executed safely and with due regard for all nations’ rights and
freedoms in international airspace. Upholding international law and the
tules-based international order is an enduring interest for the
USINDOPACOM and JJS legal staffs and one that is shared with other
allied and partnered forces who champion a free and open Indo-Pacific.

(intercept) ARERESSTLEML TUS, CHUCId, [eH
(intercept) SNLMBBICBGRO ERE ACS LICUELEM
FEMUISRBE |bRENS.

6, RECFOPIYVAF UAL | (EBLOBRIGHALTSBA,
WIC SS He ABIS, RPRIZIL Oe AICENS SRPMS
ICAO ORHICBT CHTMS SNE CHS. ROWE (intercept)
(S.A, GUBISN TER (closure rates) LRELAMAOMIS

(station-keeping) EHKCFS, FOIVatVAbld, ELUIPT
YIIT (F848) C, OP SEEN THEM, JAF Y-EL
BWC WO PEA CRURME AL TS,

7. $M: Air intercepts (4, HRSAEB FL, BPRVIRICSISTAT
OBOMACE HIC+PRYOS REIT, RSCRBANEIN
(SE5G. HBRAC— ICR I< RPRRRER STILE, KIYEK
PERCHA BRE ROR RICLoTAMON DH CHY, AB
CHANK YEA FERHS SHOMREPAERCHAT SEO
CHS.

UNCLASSIFIED