Rule 117
Aircrews conducting combat operations on land or on water — outside their aircraft — must distinguish themselves from the civilian population, as required by the law of interna-tional armed conflict.
[Commentary]
- The HRAW required in Art. 15 that crews of military aircraft bear a fixed distinctive emblem.[655] However, State practice clearly shows that aircrews of military aircraft in flight are not required to wear uniform as long as they are in the aircraft, since the necessary markings of the military aircraft are sufficient indication of combatant status, thus distinguishing the military aircraft and its crew from civilian aircraft and civilian personnel.
- The main thrust of Art. 15 of the HRAW was, however, that the crews must be recognizable at a distance in the event of the crew finding themselves separated from the aircraft. This provision is supported by subsequent State practice. If the aircrews leave their aircraft, they are in no different position from soldiers or sailors operating on land or on water. They must distinguish themselves from civilians as required by the law of international armed conflict, normally by wearing military uniform.
- If aircrews do not observe Rule 117, this does not alter their status as combatants but makes it more difficult for the enemy to identify their status and increases the risk that they may be misidentified as spies (see Section R and Rule 120). It is also possible that a Belligerent Party might consider them to be “unprivileged belligerents” (or “unlawful combatants”, see paragraph 4 of the Commentary on Rule 10 (b) (i) and paragraph 4 of the Commentary on the chapeau to Rule 111 (b)).
- There is no State practice indicating how Rule 117 is applied, if at all, in a non-international armed conflict.
- Art. 15 of the HRAW: “Members of the crew of a military aircraft shall wear a fixed distinctive emblem of such character as to be recognizable at a distance in case they become separated from their aircraft.”
Categories: Q: Specifics of Air or Missile Operations
