When is the military allowed to shoot down drones?
Repeated drone sightings in Europe have caused unrest among political decision-makers and the military in recent weeks, leading to partial airspace closures. The question of which legal framework applies in Austria if such an aircraft needs to be brought down is answered by the Ministry of Defense as follows.
Armed Forces May Deliberately Bring Down Drones in an Emergency
In principle, any unauthorized use of Austrian airspace by aircraft and drones can be independently sanctioned by military airspace surveillance using appropriate means, even if it does not involve a "threat to the operational readiness of the armed forces." According to the Ministry of Defense, the basis for this is § 26 of the Military Powers Act (MBG), which essentially regulates military airspace surveillance. Its purpose is defined as the "constant maintenance and restoration of air sovereignty and the sovereignty of the Republic of Austria."
In the case of drones, a "targeted bringing down" is generally required to establish identity, as unlike manned aircraft, direct contact is not possible if unauthorized airspace use occurs. According to the Ministry of Defense, this is permissible under the Military Powers Act within the framework of the "immediate exercise of coercive force against objects."
Principle of Proportionality
Of course, the principle of proportionality applies, particularly to avoid collateral damage. The choice of means to end the unauthorized use of airspace (electronic or kinetic) depends on the specific circumstances of the individual case, it is stated.
Trivial cases, such as obviously harmless drones or non-critical locations or duration of airspace violation, are of course excluded. The use of life-threatening weapons (for example, against a "drone operator") is only permissible in situations of self-defense or emergency assistance to protect human lives.
60 Airspace Violations Per Year
Defense Minister Klaudia Tanner (ÖVP) said on oe24.TV that there are 60 airspace violations in Austria per year, "often also by civilian aircraft." In defense, there is "a layered system," from the electronic drone defense system to helicopters, fixed-wing aircraft, and Eurofighters. Austria will soon be able to use drones for defense purposes itself. "We are already in procurement, they are now incoming, these smaller drones that we will then use, but rather to obtain a corresponding situational picture," said Tanner.
(APA/Red)
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