Armenian News-NEWS.am presents an article by Joshua Kucera posted on EurasiaNet.org portal with some extractions.

Azerbaijan is using international aviation law to justify its threats to shoot down aircraft using the allegedly soon-to-open airport in Artsakh [Nagorno Karabakh]. But are they interpreting the law correctly? The Chicago Convention is the act that regulates international aviation, which both Armenia and Azerbaijan have signed, and it is what Azerbaijan has used in public justifications of the policy to shoot down aircraft in its airspace. However, Azerbaijan should identify that this is a military flight before shooting it down.

The author of the article talked to a lawyer, who brought an example that before using force, Azerbaijan would need to undergo a reasonable investigation into the nature of the flight to determine if the flight is civil or military, including communications to the flight crew to confirm the purpose and nature of the flight and a visual confirmation as to the type of aircraft. Afterwards, Azerbaijan could instruct the aircraft to leave the airspace or require the landing at some designated airport. In any case, Azerbaijan must not endanger the lives of persons on board and the safety of aircraft.

Obviously, having passenger air service to Artsakh would be a big step in normalizing life there, by connecting the people who live there with the outside world. And the more normal things get under the current authorities in Artsakh, the harder it will be to restore Azerbaijani control.

The OSCE Minsk Group Co-Chairs reaffirmed that operation of this airport cannot be used to support any claim of a change in the status of Nagorno-Karabakh, and urged the sides to act in accordance with international law and consistent with current practice for flights over their territory.

It is that sort of “claim of a change in status” that Azerbaijan is probably worried about.