Annex 12 implying Annex 13
In the law, typically there are mandatory processes, as well as processes undertaken for prudential reasons. I note this in the context of posts and discussion about whether the ICAO Annex 13 30-day interim report process is applicable, and more broadly whether Annex 13 even applies in the first place.
To suggest a different perspective: the unprecedented scope and means of the still on-going SAR appears certain to result in an examination of existing Annex 12 terms, conditions and implementation agreements. At least it is reasonable to state this result is likely if not certain (only ICAO speaks for ICAO).
But with Annex 12-related proceedings (reasonably) assumed to take place, suggest it would be very prudential for Malaysia to continue with the Annex 13 enquiry it has commenced - EVEN IF facts emerge which take the incident outside the narrowly-read ambit of Annex 13. That is, keep going with the Annex 13 panel of Accredited Representatives and committees designated by the Malaysian authorities. Though many facts remain unknown, do we not, in truth, know that this incident not only is unprecedented but also that it ultimately will hold large significance for civil aeronautics globally? Does not an Annex 13 proceeding - precisely as Malaysia has commenced - approach, or perhaps constitute, an optimum process for finding facts and articulating lessons to be learned?
Last edited by WillowRun 6-3; 18th Apr 2014 at 20:04.
Reason: pesky typo (2x)