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The 1944 Chicago Convention, however, imposes obligations with respect to entry intoforeign airspace by State aircraft and an obligation with respect to State aircraft and the safety ofnavigation of civil aircraft. 1314.1.1.3 Requirement for State Consent Prior to Entry by Foreign State Aircraft.The 1944 Chicago Convention provides that State aircraft (which include military aircraft) arenot permitted to enter the airspace of another State without that State’s consent. 14During armed conflict, the requirement for a State’s consent to entry into its airspacewould generally continue to apply with respect to neutral military aircraft seeking to enter theairspace of foreign States.This requirement, however, clearly would not apply to belligerent military aircraftconducting operations in enemy airspace.The requirement for a State’s consent to entry into its airspace may be characterized asapplicable with respect to belligerent military aircraft and a neutral State’s airspace; however,even if belligerent military aircraft enter neutral airspace with that neutral State’s consent, suchentry may involve violations of neutrality. 15There are exceptions to the requirement for State consent to entry into its airspace byState aircraft in certain cases of violations of neutrality. 16There is an exception during peacetime to the requirement for a State’s consent to entryinto its airspace by foreign State aircraft when such entry is due to distress and there is noreasonable safe alternative. 1714.1.1.4 Due Regard for the Safety of Navigation of Civil Aircraft. The 1944Chicago Convention also provides that “[t]he contracting States undertake, when issuingregulations for their state aircraft, that they will have due regard for the safety of navigation of13 Refer to § 14.1.1.3 (Requirement for State Consent Prior to Entry by Foreign State Aircraft); § 14.1.1.4 (DueRegard for the Safety of Navigation of Civil Aircraft).14 1944 CHICAGO CONVENTION art. 3(c) (“No state aircraft of a contracting State shall fly over the territory ofanother State or land thereon without authorization by special agreement or otherwise, and in accordance with theterms thereof.”).15 Refer to § 15.10.2 (Prohibition on Entry by Belligerent Military Aircraft Into Neutral Airspace).16 Refer to § 15.4.2 (Belligerent Use of Self-Help When Neutral States Are Unable or Unwilling to PreventViolations of Neutrality).17 U.S. Response to Chinese Legal Views, 2001 DIGEST OF UNITED STATES PRACTICE IN INTERNATIONAL LAW 703,708 (“—Although we recognize that military aircraft normally require permission to enter the territorial airspace ofanother nation, international law recognizes a right of entry for foreign aircraft, state or civil, in circumstances suchas these when such entry is due to distress and there is no reasonable safe alternative (Footnote 3 below). —Notwithstanding the ordinary rules requiring consent, a peacetime right to enter in distress for military aircraft isconsistent with established international practice. — Such a right is clearly inferable both from analogous situationsin which such a right exists (e.g., for civil aircraft under Article 25 of the Chicago Convention) and from basichumanitarian considerations.”).902