Israeli drone flies over Turkish Embassy in Tel Aviv, violates international law

A 41-year-old Israeli drone photographer, Ohad Ben Hammo, flew the Israeli flag with a drone over Türkiye’s Tel Aviv embassy, violating international law.

The incident occurred in response to the Turkish embassy lowering its flag to half-staff because of the national mourning announced by Türkiye because of Hamas leader Ismail Haniyeh’s assassination.

Ben Hammo stated he felt compelled to act after witnessing the Turkish flag at half-staff. His drone flew over the embassy for approximately half an hour, displaying the Israeli flag.

Ambassador Sakir Akir Ozkan Torunlar contacted the Israeli Ministry of Foreign Affairs, condemning the action as a violation of both sovereignty and the diplomatic immunity of the embassy.

The Israeli police arrived on the scene because of the unauthorized drone flight.

Vienna convention on diplomatic relations (1961)

Article 22:

• The premises of the mission shall be inviolable. The agents of the receiving State may not enter them, except with the consent of the head of the mission.
• The receiving State is under a special duty to take all appropriate steps to protect the premises of the mission against any intrusion or damage and to prevent any disturbance of the peace of the mission or impairment of its dignity
• The premises of the mission, their furnishings and other property thereon and the means of transport of the mission shall be immune from search, requisition, attachment or execution.

Article 45:

If diplomatic relations are broken off between two States, or if a mission is permanently or
temporarily recalled:

• The receiving State must, even in case of armed conflict, respect and protect the premises of the mission, together with its property and archives.

Most countries have civil aviation authorities that regulate airspace use, including restrictions on drone operations. These regulations typically include no-fly zones over sensitive areas such as embassies.

Many countries have specific laws addressing national security and the protection of foreign diplomatic missions. These laws often prohibit unauthorized surveillance or flights over such premises.

Examples of national regulations

1. United States:
   • Federal Aviation Administration (FAA) Regulations: The FAA restricts drone flights in certain airspace, including around sensitive areas like embassies.
   • 18 U.S.C. § 960: Prohibits unauthorized actions that can impact foreign relations and national security.
2. United Kingdom:
   • Civil Aviation Authority (CAA) Regulations: The UK CAA enforces strict rules on drone flights, including no-fly zones over diplomatic missions.
3. European Union:
   • EU Drone Regulation 2019/947: Establishes rules for drone operations across EU member states, including restrictions in sensitive areas.

Flying a drone over a foreign embassy without proper authorization is a breach of the inviolability of diplomatic premises under international law, specifically the Vienna Convention on Diplomatic Relations.