The increasing use of ballistic missiles as a means of delivering weapons of mass destruction in the course of military activities constitutes a new threat to civil aviation safety. Ballistic missiles are considered as a new form of offense and defense. These challenges may come in the form of warheads, carried by the missiles, with the possibility to explode at any time in air, or the long ranges of the missiles that bring them close to flight routes, which may endanger civil passengers. The multilateral treaty on ballistic missile prohibition is nonbinding in nature, voluntary and has a limited duration puts civil aviation safety at risk. Therefore, regulating ballistic missile in a binding manner are urgently needed to ensure civil aviation safety.