This topic addresses the legality of objectives in air warfare. In determining the legality of the objectives certain basic principles of IHL must be taken into consideration. One such principle is the principle of distinction—requiring the attacker to direct attacks against military objectives and to distinguish between military objectives and the civilian population and civilian objects. Inquiry in this area discusses issues such as the relevance of categories of objectives in assessing the legitimacy of acts of air warfare; the protected and unprotected persons and objects; and the distinction between combatants and civilians, and between military objectives and civilian objects.

This topic addresses the protection of civilians and civilian objects established by international law in cases of air warfare. In modern warfare, civilians and combatants are often indistinguishable. In this context, relevant issues include assessment of the proportionality of attacks causing collateral damage; the evaluation of State’s obligations to use their highest technologies; and the consideration of whether the standards are different between the “immediate battlefield and the extended battlefield”.

This topic addresses the relationship between naval warfare and air warfare and the law applicable to them. Contemporary naval operations are not carried out in exclusively in maritime settings; they function together with air forces. In this context, relevant issues include questions such as the rights and duties of belligerent and neutral States; the classification of aircrafts in Naval Bombardments; the applicability of the prohibition of attack against surrendered persons or objects to air operations.

This topic deals with the legality of the use of certain weapons in armed conflict. In determining the legality of weapons certain basic principles of IHL must be taken into consideration. Firstly, the prohibition of causing unnecessary suffering or superfluous injury requires the balancing between the military necessity of using the weapons and the prohibition of weapons causing unnecessary suffering. Secondly, the principle of distinction requires the attacker to direct attacks against military objectives and distinguish between military objectives and civilian population and civilian objects. This principle requires that the weapons be capable of targeting specific military objectives. Under this topic weapons such as Blast; Incendiary; Aerially-delivered mines; Delayed-action munitions; Multi-fragmenting munitions; Explosive remnants of war; Non-detectable fragments and Kinetic-energy projectiles are considered.

The topic of precision in Aerial Warfare deals with the ability to correctly identify targets and strike them accurately. In addressing this topic one must deal with several principles of the Law of International Armed Conflict that affect the issue of precision. First, it is necessary to address indiscriminate attacks that involve ignoring the risk involved in the attacks. Second, the Principle of Proportionality must be discussed, which states that incidental loss of civilian life cannot be excessive in relation to the concrete and direct military advantage anticipated. Third, Precautions in Attack are dealt with which are defined as a failure to exhaust reasonable options for minimizing collateral damage.

This topic addresses humanitarian activities by the ICRC, the UN, third states, etc. in the context of air warfare. Relevant issues discussed under this topic include the protection of medical personnel and personnel participating in relief actions; the relationship between a party to a conflict engaging in aerial bombardments and personnel engaging in relief efforts.

The topic “Air and missile attacks against dual use facilities” deals with the particular nature of dual use facilities, namely their military and civilian uses, and the difficulty this ensures in determining the legality of attacks. There are several categories of dual use facilities that must be mentioned in considering this topic such as lines of communication; petroleum, oil and lubricants; certain factories and industrial facilities; certain geographic areas; and certain infrastructure. In determining the legality of the attacks it is suggested that the attacker must consider whether an effective contribution is made to military action by attacking the dual use facility and whether its destruction provides a definite military advantage.