ON May 29, 2021, the Ministry of Transport (MOT) Malaysia released a media statement entitled “Overflight by Israeli Aircraft Over Malaysian Airspace”.

In the statement, the ministry has duly confirmed, inter alia, that the approval given to the Boeing 737-400 aircraft belonging to Israel Aerospace Industries-Elta to pass through Malaysian airspace.

According to the ministry, the aircraft did not threaten the security and sovereignty of the country as per the rules stated by the International Civil Aviation Organisation (ICAO).

The ministry also asserted that the aircraft was not allowed to land as well as hover in our Malaysian airspace.

Such an approval is diametrically opposite to the approach made by other Islamic countries in regards to flights from Israel.

Saudi Arabia and Indonesia, for instance, have made a profound stance that no Israelis aircrafts whatsoever would ever be allowed to pass through their respective airspace let alone land within their territories.

These countries, as member states of the ICAO like Malaysia, have made such a firm decision as acts of abhorrence against the alleged war crimes and infringement of basic human rights perpetuated by Israel in its conflict with Palestine.

The act of disapproving flights from Israel is proven to have inflicted effective hindrance against the Israelis.

The flight which carried Benjamin Netanyahu from Singapore to Sydney, Australia, for instance was reported to have taken longer hours namely 11 hours and 3 minutes in contrast with the usual route which took approximately 7 hours and 38 minutes only.

Hence, there are several questions which beg our MOT to respond.  And they are;
1. Was the ministry aware of the existence of the Article 6 of the Chicago Convention – a convention upon which the ICAO is duly created – and its principles which include that “No scheduled international air service may be operated over or into the territory of a contracting State, except with the special permission or other authorization of that State”.

In other words, was the ministry fully aware of the fact that the Malaysian government had the options either to allow or not allow any aircraft to pass through our airspace as duly enshrined in the aforementioned Article?

If so, would the ministry then agree that by endorsing a flight approval, the government had in turn, missed the golden opportunity of putting the necessary pressures against the Israelis leaders and voicing out our solidarity with all the persecuted Palestinians?

2. Worst still, was the ministry aware that the aforementioned approval is, in itself, tantamount to endorsing a diplomatic relationship between Malaysia and Israel which oversteps Malaysian commitment that never even recognised the very existence of Israel, to begin with?

3. Was the Ministry also aware that on May 25 this year, 27 countries from the European Union (EU) and the UK respectively declared that no flights from Belarus can ever land and pass through their airspaces after the arrest of a journalist by the name of Roman Protassevich allegedly orchestrated by Belarusian officials?

According to the European Commission president Ursula Von der Leyen, the act of arresting journalists has “blatantly ignored the democratic principles” which are passionately cherished by the Western nations.

Therefore, wouldn’t the ministry agree that the act of arresting journalists is a far-cry than and pales in comparison to the alleged war crimes, crimes against humanity and the continuation of an illegal occupation of Palestinians territory by the Israelis government?

4. If that is the case, shouldn’t the approach we take ought to be seen to be more stern compared to those taken by the EU countries and the UK against the Belarus?

5. In fact, the act of disallowing flights from Israel has already been taken by Indonesia and Saudi Arabia. What has barred us from doing the same?

These are the basic questions which the MOT and the Malaysian government are duty-bound to clarify so much so Malaysia will not be regarded as a country leaning towards the oppressors. – June 5, 2021.

* Muhammad Naufal Bin Mohamed Hanipa reads The Malaysian Insight.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.