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civil aircraft.” 18 Assuming that an obligation to exercise due regard would be applicable duringarmed conflict, what regard would be due in any particular set of circumstances would depend onmilitary necessity, and other principles and rules of the law of war, which are specially adaptedto the circumstances of armed conflict. For example, the use of force against enemy civil aircraftthat constitute military objectives and thus may be made the object of attack under the law of warwould not be prohibited. 19As reflected in Article 89 of the 1944 Chicago Convention, the Convention does notrestrict the freedom of action of States as belligerents or neutrals. 20 Nonetheless, as a practicalmatter, modern air warfare is often conducted in complex airspace, and U.S. forces haveroutinely and intensively coordinated flight operations with national civil aviation authorities.This coordination is important for a variety of purposes, including ensuring missionaccomplishment, avoiding fratricide and mid-air collisions, and ensuring the safety ofinternational civil aviation. DoD policy has required that, in the event of combat operationsduring armed conflict, aircraft commanders, consistent with military necessity, take measures tominimize hazards to civil air or surface traffic. 21Similarly, under the law of the sea, military operations must be conducted with dueregard for the high seas freedom of overflight in international airspace. 2214.1.2 Past Attempts to Conclude Treaties About Air Warfare. Initial attempts toconclude agreements on the law of war governing means and methods in the air context weremade during the 1899 and 1907 Hague Peace Conferences, before air power had become asignificant factor in warfare. Extensive efforts were made in 1922-23 to adopt a code of lawsspecifically applicable only to air warfare; however, the proposed rules were not ratified by anyState. 23 The United States has not ratified a treaty applicable solely to air operations duringarmed conflict, although the United States has ratified treaties that have included specific18 1944 CHICAGO CONVENTION art. 3(d) (“The contracting States undertake, when issuing regulations for their stateaircraft, that they will have due regard for the safety of navigation of civil aircraft.”).19 Refer to § 14.8.3 (Attacks Against Civil Aircraft).20 Refer to § 14.1.1.1 (1944 Chicago Convention and Freedom of Action of States During Armed Conflict).21 DOD INSTRUCTION 4540.01, Use of International Airspace by U.S. Military Aircraft and for Missile/ProjectileFirings, 4.2.3 (Mar. 28, 2007) (“In the event of combat operations in time of war, armed conflict, nationalemergency, situations requiring self-defense, or similar military contingencies, aircraft commanders shall, consistentwith military necessity, take measures to minimize hazards to civil air or surface traffic. Such actions shall be of nogreater extent or duration than required by military necessity.”); DOD DIRECTIVE 4540.1, Use of Airspace by U.S.Military Aircraft and Firings Over the High Seas, 6b (Jan. 13, 1981) (“In the event of combat operations in time ofwar, armed conflict, national emergency, situations requiring self-defense, or similar military contingencies,departure from the operating procedures in this Directive may be required. In all such instances, however, allpossible precautions shall be taken to minimize any hazard to the safety of other air and surface traffic and departurefrom procedures set forth in this Directive shall be of no greater extent or duration than is required to meet thecontingency.”).22 Refer to § 13.1.1 (The Law of the Sea During Armed Conflict).23 Refer to § 19.11 (1923 Hague Air and Radio Rules).903