Air France says it will follow Israeli rule barring crew from some nations

Israel has reportedly told foreign airlines that crew flying into Israeli airspace must not hold the nationality or dual nationality of countries without diplomatic relations with Israel. The policy applies to pilots and cabin crew operating flights to Tel Aviv. It matters because airlines must follow Israel’s entry conditions while also obeying the laws governing their employees at home.

The listed countries include Algeria, Tunisia, Iran, Oman, Saudi Arabia, Pakistan and Niger. Air France said its staff had been informed of the new regulations and that it must comply with entry rules for both customers and employees. An internal memo reportedly warned of possible sanctions for noncompliance.

The directive could affect airlines flying to, from or over Israel. Air France has adopted the restriction, while Smartwings said it would comply but had not been affected operationally. French legal experts say the policy may conflict with rules against nationality-based discrimination.

A country’s control over its airspace means its authorities can regulate aircraft entering, leaving, crossing or operating above its territory. They can set safety, security and entry requirements for flights using airports or air routes under their control. Airlines generally must meet those conditions to operate there.

In this case, Israel reportedly told foreign airlines that pilots and cabin crew entering Israeli airspace must not hold certain nationalities. The restriction also applies to dual nationals from countries lacking diplomatic relations with Israel. Air France said it was required to follow the entry regulations of countries it serves.

That control does not automatically settle every legal question for an airline. The Israeli requirement may collide with French labor rules, according to lawyer Clara Gandin. The result is a conflict between a country’s control over access to its airspace and an airline’s duties toward employees under home-country law.

Israel’s reported list contains 31 Muslim-majority countries whose nationals are barred from flying into Israeli airspace. The list includes Algeria, Tunisia, Iran, Oman, Saudi Arabia, Pakistan and Niger. It also covers people with dual nationality from countries that lack diplomatic relations with Israel.

The potential airline impact is much broader than the number of countries. The directive could affect dozens of airlines operating flights to, from or over Israel. Al Jazeera contacted 15 major international airlines to ask whether they had received the directive and changed crew assignments.

The immediate effect differs by carrier. Air France confirmed that its staff had been informed and that it would comply. Smartwings also confirmed receiving the directive, but said its operations, crew procedures and assignments were not currently affected. United Airlines gave no substantive confirmation.

The reported Israeli directive followed a serious incident involving a Flydubai flight from Dubai to Tel Aviv. According to Emirati and Israeli authorities, an Omani copilot allegedly attempted to hijack the aircraft on September 30. The next day, Israel’s Transport Ministry and Road Safety reportedly informed foreign airlines of the new crew restrictions.

The copilot is accused of attacking the plane’s Indian pilot. Authorities alleged that he tried to crash the aircraft into Israel’s Ben Gurion airport. The Indian pilot was recovering in hospital when the report was published. These allegations formed the security background given for the new rule.

The policy therefore uses nationality as a screening condition for crew on flights entering Israeli airspace. It is controversial because the restriction covers nationals and dual nationals from 31 countries, rather than being limited to the individual involved. Experts warned that airlines applying it could face discrimination claims.

Air France’s internal memo reportedly warned that failing to comply with the Israeli directive could expose both the airline and the employee to potential sanctions. The airline therefore faces pressure to remove or avoid assigning certain workers to affected flights. Al Jazeera could not independently verify the memo.

The legal risk runs in the opposite direction too. Lawyer Clara Gandin said excluding employees from flights because of Algerian, Tunisian, Iranian or other listed nationalities would be direct discrimination under Article L1132-1 of the French Labour Code. She said this could apply even when employees lose no pay.

Gandin also described Air France’s adoption of the directive as discriminatory harassment. She said the measure could involve indirect discrimination based on origin and possibly perceived religion. The article presents a legal conflict, not a final court ruling, so the ultimate consequences remain unresolved.

An international airline must handle two obligations at once: meeting the destination country’s entry conditions and respecting employment rules where it is based. The article shows why this is difficult. Israel reportedly requires certain crew nationalities to be excluded, while French law prohibits discrimination based on nationality in assignments, pay and discipline.

A practical approach would begin with legal review and discussions with the relevant authorities. The airline could seek clarification, an exemption or a safer rule based on individual evidence rather than nationality alone. If staffing changes are unavoidable, it would need to examine whether workers can be reassigned without lost pay or other unfair treatment.

These steps would not guarantee compliance with either system. Air France’s case may require French courts or regulators to weigh the competing duties. The article reports no final solution. It does show that following a foreign directive can create sanctions risk abroad and discrimination risk at home.

Countries generally control the airspace above their territory as part of their territorial authority. That control lets them manage aviation safety, border entry and national security. It also gives them leverage over foreign airlines that want to land, depart or pass through their airspace.

Israel’s reported directive illustrates the tension. Its Transport Ministry and Road Safety told foreign airlines that pilots and cabin crew entering Israeli airspace must not hold certain nationalities or dual nationalities. Air France says it must follow the entry rules of countries it serves. France, however, bars discriminatory workplace measures based on actual or perceived nationality.

The two systems can therefore point in different directions. Israel may condition access on a crew member’s nationality, while French law may protect that employee from exclusion from an assignment. Lawyer Clara Gandin said the measure could also involve discrimination based on origin or perceived religion. The article does not report a final ruling.