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14.4.3aircrew.Downed Aircrew. There are a number of law of war issues related to downed14.4.3.1 Protection of Aircrew While Parachuting From an Aircraft in Distress.In general, aircrew parachuting from an aircraft in distress are treated as though they are hors decombat, i.e., they must not be made the object of attack. 79 Aircrew parachuting from an aircraftin distress who engage in hostile acts or attempt to evade capture, either while descending orafter reaching the ground, forfeit any protection from being made the object of attack. 8014.4.3.2 Protection of Downed Aircrew at Sea. Downed aircrew at sea aregenerally to be regarded as shipwrecked, as the definition of shipwrecked includes forcedlandings at sea by or from aircraft. 81 As shipwrecked persons, they must not be made the objectof attack, and there are obligations to search for and collect them. 8214.4.3.3 Rescue of Downed Aircrew. The rescue of downed aircrew to preventtheir capture by the adversary is generally regarded as a combat activity that enemy militaryforces may legitimately oppose. 83 Medical personnel, ships, or aircraft engaged in the rescue ofdowned aircrew must not hamper or interfere with the efforts of opposing military forces tocapture downed aircrew or they will forfeit protection from being made the object of attack as aresult. 84 The United States has understood the prohibition against the use of riot control agents asa method of warfare not to prohibit the use of riot control agents to rescue downed aircrew incertain circumstances. 8514.4.3.4 Downed Aircrew – Evasion From, and Capture by, the Enemy. Downedaircrew may use enemy uniforms to evade capture by the enemy, but, in some cases, such usemay risk liability to treatment as a spy. 86 Likewise, downed aircrew may use civilian clothes toevade capture by the enemy. 8779 Refer to § 5.10.5 (Persons Parachuting From an Aircraft in Distress).80 Refer to § 5.10.5.1 (No Hostile Acts or Attempts to Evade Capture).81 Refer to § 7.3.1.2 (Shipwrecked).82 Refer to § 7.3.3 (Meaning of “Respect and Protection” of the Wounded, Sick, and Shipwrecked); § 7.4.1 (GWS-Sea Obligation Regarding the Search, Collection, and Affirmative Protection of the Wounded, Sick, Shipwrecked,and Dead).83 2004 UK MANUAL 12.70.1 (“The use of, for example, military assets to rescue aircrew who have been ‘downed’on territory under the control of the enemy is a combat activity. It is therefore legitimate for an enemy in suchcircumstances to attack the rescuers or by some other means to impede or prevent the rescue activity.”).84 Refer to § 4.9.2.3 (Exclusively Engaged in Humanitarian Duties); § 7.12.2.3 (No Hampering the Movement ofCombatants ); § 7.14.2.2 (Search, Rescue, or Other Recovery Excluded).85 Refer to § 6.16.2 (Prohibition on Use of Riot Control Agents as a Method of Warfare).86 Refer to § 5.23.1.4 (Use of Enemy Uniforms to Evade Capture or Escape).87 Refer to § 5.25.3 (Examples of Other Deceptions That Are Not Prohibited). Compare § 9.25.2.2 (OnlyDisciplinary Punishments in Respect of an Act of Escape).913

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