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The 1923 Hague Air Rules were not, however, subsequently adopted as a treaty by theUnited States.Some provisions in the 1923 Hague Air Rules may reflect customary international law.For example, the 1923 Hague Air Rules recognize the permissibility of using tracer, incendiary,or explosive projectiles by or against aircraft, including by States that are Parties to the 1868Declaration of St. Petersburg. 118Many of the other provisions in the 1923 Hague Air Rules, however, do not reflectcustomary international law. For example, the 1923 Hague Air Rules provide that the crew ofmilitary aircraft must be exclusively military. 119 The 1949 Geneva Conventions, however,contemplate that crews of military aircraft may include civilian members. 120 As anotherexample, certain efforts in the 1923 Hague Air Rules to limit the effects of attacks also do notreflect customary international law. 12119.12 1925 GENEVA GAS AND BACTERIOLOGICAL PROTOCOLThe Geneva Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous orOther Gases, and of Bacteriological Methods of Warfare, of June 17, 1925, prohibits the use ofasphyxiating, poisonous, or other gases, and all analogous liquids, materials, or devices, and theuse of bacteriological methods of warfare. 122Commission the Honorable John Bassett Moore, First Delegate of the United States, was elected President of theCommission. The Commission has prepared a set of rules for the control of radio in time of war, which arecontained in Part I of this report, and a set of rules for aërial warfare, which are contained in Part II of this report.”).118 Refer to § 6.5.4.3 (Exploding Bullets); § 19.6 (1868 St. Petersburg Declaration).119 Commission of Jurists to Consider and Report Upon the Revision of the Rules of Warfare, General Report, PartII: Rules of Aërial Warfare, art. 14, Feb. 19, 1923, reprinted in 32 AJIL SUPPLEMENT: OFFICIAL DOCUMENTS 12,18 (1938) (“A military aircraft shall be under the command of a person duly commissioned or enlisted in themilitary service of the state; the crew must be exclusively military.”).120 Refer to § 14.3.3.3 (Military Aircraft – Command and Crew).121 J. Fred Buzhardt, DoD General Counsel, Letter to Senator Edward Kennedy, Sept. 22, 1972, reprinted in 67 AJIL122, 123 (1973) (“In the application of the laws of war, it is important that there be a general understanding in theworld community as to what shall be legitimate military objectives which may be attacked by air bombardmentunder the limitations imposed by treaty or by customary international law. Attempts to limit the effects of attacks inan unrealistic manner, by definition or otherwise, solely to the essential war making potential of enemy States havenot been successful. For example, such attempts as the 1923 Hague Rules of Air Warfare, proposed by anInternational Commission of Jurists, and the 1956 ICRC Draft Rules for the Limitation of the Dangers Incurred bythe Civilian Population in Time of War were not accepted by States and therefore do not reflect the laws of wareither as customary international law or as adopted by treaty.”).122 Refer to § 6.8.2 (Asphyxiating, Poisonous, or Other Gases, and All Analogous Liquids, Materials, or Devices);§ 6.9.1 (Biological Weapons – Prohibition on Use as a Method of Warfare).1148