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necessary for an aircraft to constitute a military objective, the status of an aircraft as State aircraftmay also be an important factor in determining that an aircraft constitutes a military objective. 6014.3.2 Nationality of Aircraft. State aircraft possess the nationality of the State thatoperates them. Civil aircraft possess the nationality of the State in which they are registered. 61The nationality of an aircraft may be important in assessing whether it constitutes anenemy or neutral aircraft. 6214.3.3 Status of Military Aircraft. Military aircraft may be understood as aircraft that aredesignated as such by a State that operates them. The United States has not ratified a treaty thatrequires certain qualifications before an aircraft may be designated as military aircraft.In general, military aircraft are operated by commissioned units of the armed forces of aState, bearing the military markings of that State, and commanded by a member of the armedforces of that State.In addition to combat aircraft such as fighters and bombers, other types of aircraftoperated by the armed forces of a State may also be designated as military aircraft, such astransport, reconnaissance, and meteorological aircraft. Unmanned aircraft, i.e., aircraft that areremotely piloted or controlled, may also be designated as military aircraft.14.3.3.1 Military Aircraft – Rights and Liabilities. Of all aircraft, only militaryaircraft are entitled to engage in attacks in armed conflict. 63 Likewise, during armed conflict,enemy military aircraft generally constitute military objectives and, thus, may be made the objectof attack, whether in the air or on the ground. 64 There may be exceptions to the general rule thatenemy military aircraft are liable to being made the object of attack, such as in the case of enemymilitary medical aircraft or enemy military aircraft that have surrendered. 6560 Refer to § 14.8.3 (Attacks Against Civil Aircraft); § 5.7 (Military Objectives).61 1944 CHICAGO CONVENTION art. 17 (“Aircraft have the nationality of the State in which they are registered.”).62 Refer to § 15.14 (Acquisition of Enemy Character by Neutral-Flagged Merchant Vessels and Neutral-MarkedCivil Aircraft).63 See, e.g., 2013 GERMAN MANUAL 1103 (“Only military aircraft are entitled to exercise belligerent rights and usemilitary force in fighting military objectives of an adversary (14 13, 16 para.1).”); 2006 AUSTRALIAN MANUAL 8-14 (“[O]nly military aircraft can exercise the combat rights of a belligerent. Examples of such rights includeattacking military objectives and overflying enemy territory.”); 2004 UK MANUAL 12.34 (“Only military aircraftmay carry out attacks.”); 2001 CANADIAN MANUAL 704(3) (“Civil aircraft and state aircraft that are not militaryaircraft (for example, police or customs officials) may not engage in hostilities ... .”); 1976 AIR FORCE PAMPHLET110-31 2-6d (“Only military aircraft may exercise such rights of belligerents as attacking and destroying militaryobjectives or transporting troops in the adversary’s national airspace or behind its lines.”). Consider Commission ofJurists to Consider and Report Upon the Revision of the Rules of Warfare, General Report, Part II: Rules of AërialWarfare, art. 16, Feb. 19, 1923, reprinted in 32 AJIL SUPPLEMENT: OFFICIAL DOCUMENTS 12, 19 (1938) (“Noaircraft other than a belligerent military aircraft shall engage in hostilities in any form.”).64 Refer to § 5.7.4.1 (Military Equipment and Bases).65 Refer to § 7.14 (Military Medical Aircraft); § 14.8.2 (Protection of Persons Who Surrender or Who Are OtherwiseHors De Combat on Board Enemy Aircraft).910

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