lomapaseo
I used the wrong word , ICAO does not define a war Zone , but a conflict area. But determination of a conflict area is not for ICAO to do but for the State itself . In case of MH17 and now here in Iran , both authorities did not flag the airspace used at the time as a Conflict area. And that is the issue. That said it is always the final responsibility of the airline to determine if an area is under a conflict or not and decides to fly or not in that area. Watching CNN is often a better indicator than waiting for an official airspace closure .
For info here is the ICAO text on Conflict area ( extract)
- Under the Convention on International Civil Aviation (Chicago Convention), States and States alone maintain sovereign authority over their airspace.
- This authority carries with it the responsibility to issue risk advisories regarding any threats to the safety of civilian aircraft operating in their airspace. Said threats may include, but are not limited to, armed conflicts, ash clouds due to volcanic eruptions, missile tests and rocket launches, etc.
- States also have authority to close their airspace where certain safety threats may warrant that action.
- Aircraft and airline operators are responsible for assessing global airspace risks communicated by States, and/or third parties, before deciding where they fly.
- Under this international framework, ICAO does not possess the authority to over-ride sovereign States in order to close their airspace or reroute airline traffic.