Air France has confirmed that it is complying with new Israeli restrictions limiting who can fly to and over Israel based on their nationality, a controversial policy that some experts say could expose the airline to discrimination lawsuits.
The new Israeli restrictions, reported by Israeli media and French investigative publication Mediapart, list ۳۱ Muslim-majority countries, including Algeria, Tunisia, Iran, Oman, Saudi Arabia, Pakistan and Niger, whose nationals are no longer allowed to fly into Israel’s airspace.
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“Like all airlines, Air France is required to comply with the entry regulations established by the authorities of the countries it serves, both for its customers and employees,” Air France told Al Jazeera in a statement.
According to Israel’s N۱۲ broadcaster, the Ministry of Transport and Road Safety told foreign airlines on October ۱ that pilots and cabin crew operating flights into Israeli airspace must not hold the nationality or dual nationality of countries that lack diplomatic relations with Israel. The directive came a day after an Omani copilot allegedly attempted to hijack a Flydubai flight from Dubai to Tel Aviv and crash it into Israel’s Ben Gurion airport on September ۳۰, according to Emirati and Israeli authorities. The copilot is accused of attacking the plane’s Indian pilot, who has been recovering in hospital.
“The staff concerned have been informed of the new regulations implemented by the Israeli authorities for flights to Tel Aviv,” Air France told Al Jazeera.
Dozens of airlines affected
The Israeli directive could affect dozens of airlines that fly to, from or over that country. Al Jazeera contacted the Israeli Transport Ministry for comment but had not received a response by the time of publication.
Al Jazeera also contacted ۱۵ major international airlines operating flights to Israel, asking whether they had received the directive and changed crew assignments in response.
Smartwings, the largest Czech airline, confirmed that it had received the new Israeli directive, and while it said its operations were not impacted at the moment, it added that it would comply with the restrictions.
“We received the directive from the Israeli authorities in September ۲۰۲۶. We have carefully reviewed the directive and continue to monitor and comply with all applicable requirements issued by the relevant authorities. At present, the directive does not have any impact on our operations, crew management procedures, or the deployment of crew members on flights to and from Israel,” Vladimira Dufkova, a spokeswoman for Smartwings, told Al Jazeera.
United Airlines responded, saying only that they “don’t have anything to share”. The US airline did not confirm whether it had received the Israeli directive or acted on it.
An internal memo to Air France pilots and cabin crew, seen by Mediapart, warned that “failure to comply with this directive would expose Air France and the employee to potential sanctions”.
Al Jazeera could not independently verify the memo.
‘Discriminatory bias’
The reported restrictions could put Air France at odds with French employment law, said Paris-based anti-discrimination lawyer Clara Gandin, raising questions about whether an airline can comply with a foreign government’s security requirements while ignoring its obligations to its workers.
“The measure rests on a collective presumption which amounts to a discriminatory bias: Every national of these ۳۱ countries, most of them Arab or Muslim-majority, is treated as a potential security threat,” Gandin told Al Jazeera.
She said Air France’s adoption of the directive amounts to outright “discriminatory harassment”.
“Article L۱۱۳۲-۱ of the French Labour Code prohibits any discriminatory measure based on a person’s actual or perceived nationality, in particular regarding assignment, pay and discipline,” Gandin said.
“Removing employees from certain flights because they hold Algerian, Tunisian, Iranian or another of Israel’s listed nationalities is therefore direct discrimination – even without loss of pay.”
With the countries listed on Israel’s list of barred nationalities largely Arab or Muslim-majority, the measure could also constitute “indirect discrimination based on origin, and possibly on perceived religion”, she added.
Gandin explained that French law does make a caveat for a difference in treatment in cases where it is an “occupational requirement”, where a move pursues a “legitimate aim” that is proportionate, and where it is linked to the nature of the job.
“Evidently, nationality is not a requirement for flying an aircraft. Air France also lets the same pilots and crew operate every other route, which demonstrates it does not regard them as a safety risk,” she said.
The lawyer said Air France holds no valid legal justification for adopting Israel’s policy.
“Air France’s aim is commercial: keeping access to the Israeli market. But economic considerations cannot justify discrimination in the eyes of the law,” Gandin said, explaining that the safety objective is Israel’s, not the company’s, and that French law looks at the aim pursued by the employer itself, not its clients.
“More specifically, a third party’s wishes cannot turn a protected characteristic into an occupational requirement,” she added, referencing a ۲۰۱۷ ruling by the Court of Justice of the European Union adopted by France’s highest court that same year.
“A proportionate response to a security concern relies on individual assessment, which French aviation security vetting already provides. It cannot rest on nationality alone,” Gandin said.
Airspace sovereignty vs national laws
However, the question of whether the restrictions amount to discrimination under French law is distinct from a state’s authority to regulate access to its airspace and territory.
Analysts pointed to international civil aviation law, which recognises state sovereignty over territorial airspace under Article ۱ of the ۱۹۴۴ Chicago Convention and, subject to specified conditions, the recognition of flight crew licences issued by other contracting states under Article ۳۳.
Vincent Correia, a professor of air law at McGill University in Canada, also pointed to Article ۱۳ of the Convention, which allows states to enforce their laws and regulations governing the admission of passengers and crew into their territory.
“Hence, a state can impose immigration restrictions on crews from other countries, on the basis of nationality, given that crew members must go through immigration and customs when flying on international routes,” Correia told Al Jazeera.
Pilots and other crew from countries that Israel does not have diplomatic relations with were already barred from flying there, making the new measure applicable only to dual citizens, which explains why airlines like Air France might have complied, he explained.
Still, Gandin said, a state’s authority to impose entry restrictions does not necessarily exempt airlines from their obligations under other applicable laws, including national anti-discrimination and employment legislation.
While Air France could make an argument about state sovereignty over airspace, it “does not change the fact that the measure is discriminatory”, she said.
Besides, the lawyer pointed out, Air France has options: It could choose not to operate the route under these conditions, or challenge the directive through the French state, the French Civil Aviation Authority (DGAC), or the EU.
The DGAC had not responded to Al Jazeera’s queries by the time of publication.
The flagship French airline could, therefore, be setting itself up for legal consequences.
Affected employees could claim damages for harm suffered, and trade unions could file proceedings, said Gandin. Such a measure could also fall under criminal law – punishable by up to three years’ imprisonment and a fine of ۴۵,۰۰۰ euros ($۵۰,۳۰۰), said Gandin.
Meanwhile, data protection laws stipulate that information requested from employees must have a direct and necessary link with their job – a register of employees holding one of the ۳۱ listed nationalities may reveal ethnic origin and could be in violation of this, the lawyer said.
According to Mediapart, Air France had considered asking flight crew members to come forward themselves if they were affected by the circular. However, Alter, the union representing the flight deck crew, had managed to persuade management to forgo that action, stating in a leaflet to its members that it would amount to “discrimination based on nationality”, reported the French outlet.
Alter did not respond to Al Jazeera’s request for comment.
While the wider implications of Israel’s policy for other airlines remain unclear, Correia warned that it could set a precedent for other states to introduce nationality-based screening of international flight crews, complicating airline operations.
“At a time of pilot shortages, this will create additional constraints for airlines when scheduling flights to and from Israel. If other countries adopt similar measures, it could quickly become extremely difficult to manage,” the air law expert said.
