Rule 57
In the absence of a NOTAM (and, whenever feasible, in case of non-compliance with a NOTAM) military forces concerned ought to use all available means to warn the civilian or other protected aircraft − through radio communication or any other established procedures − before taking any action against it.
[Commentary]
- This Rule is based on the second sentence of Para. 77 of the SRM/ACS.[343]
- Regardless of the existence of a NOTAM, or even in case of non-compliance with an existing NOTAM, Belligerent Parties remain obligated to take all feasible precautions in attack (see Section G). Moreover, they ought to attempt to establish communications with an incoming aircraft, with a view to warning it of measures about to be taken (attack, inspection, etc.).
- The expression “taking any action against it” is meant to encompass not only attacks, but also belligerent measures like interception or diversion. Firing at a civilian or other protected aircraft may only take place when it fulfills the conditions rendering it a military objective. The military forces concerned ought to make every effort to warn an approaching civilian or other protected aircraft before taking any action against at.
- Even when no NOTAM or analogous warning has been issued, all feasible precautions must be taken to verify that incoming aircraft are military objectives (see Rule 40), in order to tell them apart from civilian or other protected aircraft that have strayed into the area (see Rule 41).
- It must be borne in mind that non-compliance with a NOTAM does not necessarily imply any hostile intent on the part of a civil or other protected aircraft. Non-compliance may have several innocent explanations such as language difficulties or navigational error. This is the reason why warnings to an incoming civilian or other protected aircraft have to be issued prior to taking action against it.
- The expression “military forces concerned” was preferred by the Group of Experts over the alternative phrase “military forces on the spot”, in order to convey the notion that the available means may also be used by forces that are at some distance from the scene of action.
- As to the meaning of “other protected aircraft”, see paragraph 5 of the Commentary on the chapeau to Rule 55.
- Rule 57 applies also in non-international armed conflict.
- Para. 77 of SRM/ACS, see fn. 342.
Categories: I: Safety In Flight
