The complexities for implementing a No-Fly zone

Why is NATO reluctant to declare Ukrainian airspace as a ‘No Fly Zone’? What will such a declaration entail, if approved?

The story so far: The North Atlantic Treaty Organization (NATO) Secretary General Jens Stoltenberg stated that the organisation would not designate the Ukranian airspace as a ‘No Fly Zone’ which he said would lead to a full-fledged war in Europe, involving many more countries and resulting in greater human suffering. In response, Ukranian President Volodymyr Zelensky said the move amounted to giving a “green light” for further bombing of Ukranian cities and villages.

Associated Press reported on Saturday that Russian President Vladimir Putin said any third-party declaration of a non-fly zone over Ukraine would be seen as “participation in the armed conflict”.

In simple terms, a No-Fly Zone refers to a particular airspace wherein aircrafts, excluding those permitted by an enforcement agency, are barred from flying.

Articles under Chapter VII of the United Nations Charter dealing with ‘Action with Respect to Threats to the Peace, Breaches of the Peace, and Acts of Aggression’ are invoked to authorise a potential no-fly zone. Article 39 dictates the United Nations Security Council (UNSC) to determine the probable existence of any threat to peace or an act of aggression. It suggests further measures, if required, are to be carried out in accordance to Article 41 and 42 to restore international peace and security.

No fly zones have been implemented without UN mandate too. In 1991 after the first Gulf War, U.S. and its coalition partners imposed two no fly zones over Iraq to prevent Saddam Hussain from attacking ethnic groups. In non-combat situations, No fly zones can be imposed permanently and temporarily over sensitive installations or for high profile events like Olympics.

The Foreign Policy magazine states that no-fly zone declarations are essentially a compromise in situations demanding a response to ongoing violence, but full military intervention is politically untenable.

NATO has previously imposed No-Fly Zones in non-member states like Libya and Bosnia. With Russia it fears a full-fledged war in Europe. It has been demanding that NATO scale back to the pre-1997 arrangements. Both Russia and Ukraine are not members of NATO.