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14.3.3.3 Military Aircraft – Command and Crew. Military aircraft arecommanded by members of the armed forces of that State. 72 The crew, however, may includecivilian members, and such personnel are expressly entitled to POW status under the GPW. 7314.4 STATUS OF AIRCREW ON MILITARY AIRCRAFT14.4.1 Military Aircrew. Aircrew who are members of the armed forces of a State havethe rights, duties, and liabilities of combatants. 74 For example, they are entitled to POW status ifthey fall into the power of the enemy during international armed conflict, and they have legalimmunity from domestic law for acts done under military authority and in accordance with thelaw of war.14.4.1.1 Wearing of Uniform by Military Aircrew. Military aircrew are requiredto distinguish themselves from the civilian population in the same manner as other combatants. 75The wearing of flying clothing distinctive to the armed forces satisfies this requirement. Inparticular, military aircrew should wear military uniforms (including distinctive flying clothing)in case they become separated from the aircraft. 7614.4.2 Civilian Members of Military Aircrew and Other Persons Authorized toAccompany the Armed Forces. Civilian members of military aircrew fall into the category ofpersons authorized to accompany the armed forces. 77 Other civilians who are present on militaryaircraft or who support the operations of military aircraft may also fall into the category ofpersons authorized to accompany the armed forces, provided they have received suchauthorization.As persons authorized to accompany the armed forces, civilian members of militaryaircrews are entitled to POW status if they fall into the power of the enemy during internationalarmed conflict, and they have legal immunity from the enemy’s domestic law for providingauthorized support services to the armed forces. Civilians who work in or on military objectives,such as military aircraft, assume the risk of harm from attacks against military objectives. 7872 Consider Commission of Jurists to Consider and Report Upon the Revision of the Rules of Warfare, GeneralReport, Part II: Rules of Aërial Warfare, art. 14, Feb. 19, 1923, reprinted in 32 AJIL SUPPLEMENT: OFFICIALDOCUMENTS 12, 18 (1938) (“A military aircraft shall be under the command of a person duly commissioned orenlisted in the military service of the state;”).73 Refer to § 4.15 (Persons Authorized to Accompany the Armed Forces).74 Refer to § 4.5 (Armed Forces of a State); § 4.4 (Rights, Duties, and Liabilities of Combatants).75 Refer to § 5.14.5 (Carrying Arms Openly and Wearing of Distinctive Emblems by the Armed Forces toDistinguish Themselves From the Civilian Population).76 Consider Commission of Jurists to Consider and Report Upon the Revision of the Rules of Warfare, GeneralReport, Part II: Rules of Aërial Warfare, art. 15, Feb. 19, 1923, reprinted in 32 AJIL SUPPLEMENT: OFFICIALDOCUMENTS 12, 18 (1938) (“Members of the crew of a military aircraft shall wear a fixed distinctive emblem ofsuch character as to be recognizable at a distance in case they become separated from their aircraft.”).77 Refer to § 4.15 (Persons Authorized to Accompany the Armed Forces).78 Refer to § 5.12.3.2 (Harm to Certain Individuals Who May Be Employed In or On Military Objectives).912

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