Rule 70
In case of loss of protection pursuant to this Section, a warning must be issued – whenever circumstances permit − to the civilian airliner or the aircraft granted safe conduct in flight before any action is taken against it.
[Commentary]
- Rule 70 reiterates an obligation already appearing in Rule 38. However, Rule 38 is confined to objects entitled to specific protection (including aircraft granted safe conduct) but here it is extended also to civilian airliners, which are only entitled to particular care in terms of precautions.
- A warning must be issued “whenever circumstances permit”. In particular, there may be circumstances in which a hostile act by an aircraft is imminent and in which no time is available to issue the warning. In such a situation, a Belligerent Party cannot be expected to give a warning.
- A warning to a civilian airliner or to an aircraft granted safe conduct in flight may be issued either through radio communication or, where required through the exercise of the acceptable modes of interception detailed in the Commentary on the chapeau to Section U. If necessary, warning shots may be fired.
- For further details concerning this obligation to warn, see Commentary on Rule 37 and on Rule 38.
