Rule 59
In case of doubt, civilian airliners – either in flight or on the ground in a civilian airport – are presumed not to be making an effective contribution to military action.
[Commentary]
- The purpose of this Rule is to affirm the protection of civilian airliners by including a presumption that they are not making an effective contribution to military action. “[M]aking an effective contribution to military action” is one of the activities which may render a civilian airliner a military objective (see Rule 63 (f)).
- The presumption applies both when civilian airliners are in flight and when they are parked on the ground, provided that they are on the ground in a civilian airport, i.e., an airport that does not constitute a military objective by nature (see Rule 22 (a)).
- The presumption is rebuttable, since the airliner may actually be used to carry combatants or otherwise make an effective contribution to military action. Once the presumption is rebutted, the airliner loses its protection (see Rule 63 (f)). Hence, if a Belligerent Party is able to establish that the civilian airliner is making an effective contribution to military action, the civilian airliner constitutes a military objective and may be treated as such. However, see Section G and Section J (III).
- Rule 59 applies also in non-international armed conflict.
Categories: J: Civilian Airliners
