Rule 47
(a) Civilian aircraft, whether enemy or neutral, are civilian objects and as such are entitled to protection from attack.
[Commentary]
(b) Civilian aircraft can be the object of attack only if they constitute military objectives.
[Commentary]
- This Rule emphasizes that, in principle, civilian aircraft are civilian objects that may not be attacked (see Rule 11 and Rule 13).
- Civilian aircraft, whether enemy or neutral in character, are not military objectives by nature. In case of doubt as to whether a civilian aircraft is being used for military purposes, it may only be attacked if — based on all the information reasonably available to the commander at the time — there are reasonable grounds to believe that it has become and remains a military objective (see Rule 12 (b)).
- For the determination of enemy or neutral character of an aircraft, see respectively Rules 144–146 and Rule 175.
- Rule 47 (a), with the exception of the reference to neutral civilian aircraft, applies also in non-international armed conflict.
- As to the specific circumstances in which an enemy civilian aircraft may become a military objective, see Rule 27. As to neutral civilian aircraft, see Rule 174.
- As to the circumstances in which a civilian airliner (enemy or neutral) constitutes a military objective, see Rule 63. If a civilian airliner constitutes a military objective under Rule 63, it may be attacked only if the conditions laid down in Rule 68 are met.
- Rule 47 (b) applies also in non-international armed conflict.
Categories: I: General Rules
