Aviation Anthology Vol 1 2026 - Digital Version - Flipbook - Page 7
Publication: why it matters
The foundation of Annex 13 investigation reports is
accident and incident prevention. Annex 13 makes this
explicit. Chapter 3 (General, paragraph 3.1) provides
that, “the sole objective of the investigation of an
accident or incident shall be the prevention of accidents
and incidents. It is not the purpose of this activity to
apportion blame or liability.” Investigation reports
provide an authoritative account of what occurred and
why. They set out the factual sequence of events, and
where they arise, identify technical failures, operational
decisions, environmental conditions and other
contributory factors. Conclusions as to accident cause
are reached and safety recommendations, directed at
preventing recurrence, are made.
From an insurance perspective, final reports support
informed loss analysis and claims assessment, recovery
prospects, subrogation and contribution, as well as
reserving decisions. Where final reports are materially
delayed or absent, uncertainty persists across policy
years and claims resolution following major loss is
prolonged.
Non-compliance: a growing pattern of concern
ICAO has increasingly recognised that delays and/or
failures to publish final reports are not isolated issues
but reflect a developing pattern of concern. Between
2018 and 2023, IATA data indicates that of 269 accidents
classified by the IATA Accident Classification Task Force,
only 57 per cent resulted in a published final report. A
significant number of investigations remain open-ended,
with interim statements either absent or substantively
repetitive.[3]
Key aviation industry bodies have voiced their concerns
to ICAO, to include IATA (International Air Transport
Association), IFALPA (International Federation of Air Line
Pilots’ Associations), IFATCA (International Federation
of Air Traffic Controllers’ Associations), FSF (Flight
Safety Foundation) and organisations representing
injured passengers and bereaved families (to include
the Air Crash Victims’ Families’ Federation International
(ACVFFI)). Voiced concerns are encapsulated in the
following statement:
safety investigations, restricted access to evidence
or deferral of publication until related criminal
proceedings conclude.
O National security and unlawful interference
considerations also feature prominently. Accidents
occurring in conflict zones, involving suspected
hostile acts or touching upon intelligence or
defence matters are frequently accompanied by
restrictions on disclosure. Such cases account for a
disproportionate share of investigations that never
culminate in a full, public report.
O Conflicts of interest within the State of Occurrence
present further difficulties. Where State bodies are
implicated—as operators, regulators, air navigation
service providers or security authorities—concerns
about institutional independence can slow
investigative progress or constrain the scope of
inquiry. In states lacking a functionally or legally
independent accident investigation authority, these
pressures may result in delayed inquiries or reports
falling short of the standards set out in ICAO Annex
13.
O Resource constraints may also contribute. Accident
investigation requires specialist expertise and
analytical capability. For example, this can embrace
metallurgical and fracture examination, fire and
explosion modelling, and fatigue and corrosion
assessment. Where investigative bodies are underresourced or rely on external technical assistance,
reporting timelines may extend well beyond Annex
13 expectations.
O Where responsibility for investigation is divided
between separate authorities, progress may be
slower, accountability less clear, and publication of
findings more readily deferred or disputed.
O Finally, in high-profile accidents, political or
reputational considerations may, in practice, lead
states to mitigate reputational and political exposure
by slowing publication or relying on interim
statements that provide minimal, meaningful detail.
Historically, limited enforcement action under Annex
13 has enabled such practices to persist.
“A strong commitment to transparency and the
continuous improvement of aviation safety requires
that States ensure the complete, timely, and accessible
publication of investigation reports. Reinforcing this
standard and its compliance is essential to the credibility
of the international safety system, institutional learning,
and the respect owed to victims and their families.”[4]
Taken together, these factors explain why delayed or
non-publication has evolved into a recurring issue.
In many cases delay reflects not technical complexity
alone, but unresolved tensions between safety
investigation, sovereignty, criminal justice processes
and political accountability. From an aviation insurance
perspective, these are often the very cases giving rise to
complex, high-value losses.
Reasons for delay or non-publication
ICAO’s response: Amendment 20 to Annex 13
Several recurring factors explain delay or nonpublication of final air accident reports:
At its 237th Council Session in March 2026, ICAO
adopted Amendment 20 to Annex 13. ICAO expressly
acknowledged that recent investigations had been
halted, compromised or transferred in ways that resulted
in prolonged delay or the absence of a final report, and
that this position was no longer acceptable.[5]
O Parallel criminal or judicial proceedings remain
the most common source of delay. In some states,
criminal investigations are treated as overriding
Annex 13 obligations, leading to suspension of
Aviation Anthology 2026 - Volume I
DAC Beachcroft
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