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of distress to evade enemy attacks. 117 Moreover, even if an aircraft has been disabled in somerespects, the aircraft may not have lost its means of combat, and weapons on board the aircraftmay still pose a threat.As a practical matter, it may also be difficult for the pilot of an attacking aircraft to knowwhen an adversary is attempting to surrender or has surrendered. Broadcasting on theinternational GUARD frequency (aircraft emergency frequency), rocking the aircraft’s wings,lowering the landing gear, and other signals (such as the flashing of navigational lights) aresometimes cited as indications of a pilot or aircrew’s desire to surrender, but they are notrecognized in law as signals of surrender. Consequently, absent an explicit message of offeringsurrender, an intention to surrender cannot be presumed from the conduct of the aircraft.14.8.2.2 Feasibility of Accepting Surrender by Enemy Aircraft. In manycircumstances, it may not be feasible to accept the surrender of enemy aircraft. 118 For example,it may not be possible to enforce surrender when the engagement takes place over enemyterritory. 11914.8.3 Attacks Against Civil Aircraft. During armed conflict, civil aircraft are generallyconsidered civilian objects, but may be made the object of attack, outside neutral territory, if theyconstitute a military objective.14.8.3.1 Protection of Civil Aircraft in Peacetime. Under customary internationallaw applicable during peacetime, States have an obligation to refrain from resorting to the use ofweapons against civil aircraft in flight. 120 However, this obligation does not modify in any way117 Refer to § 5.25.3 (Examples of Other Deceptions That Are Not Prohibited).118 1976 AIR FORCE PAMPHLET 110-31 4-2d (“Surrenders in air combat are generally not offered. If surrender isoffered, usually no way exists to enforce the surrender.”).119 2004 UK MANUAL 12.64 (“Although it is forbidden to kill or wound an enemy who, having laid down his arms,or having no longer means of defence, has surrendered at discretion in air-to-air combat, surrender is usuallyimpracticable and occurs very infrequently.”); 2004 UK MANUAL 12.64.1 (“In the special circumstances of air-toaircombat the continuation of an attack after an indication by the opponent of a wish to surrender is not inconsistentwith the rule in paragraph 12.64, as the enemy pilot who remains in his aircraft cannot be said to have ‘laid down hisarms’ or to have ‘no longer a means of defence’. However, if the surrender is offered in good faith and incircumstances that do not prevent enforcement, for example, when the engagement has not taken place over enemyterritory, it must be respected and accepted.”).120 See, e.g., Walter Dellinger, Assistant Attorney General, United States Assistance to Countries that Shoot DownCivil Aircraft Involved in Drug Trafficking, Jul. 14, 1994, 18 OPINIONS OF THE OFFICE OF LEGAL COUNSEL 148, 149-50 (“[T]he United States argued that the Soviet Union had violated both Article 3(d) and customary internationallegal norms in shooting down KAL 007. … We understand that the United States has not yet ratified Article 3 bis.There is, however, support for the view that the principle it announced is declaratory of customary internationallaw.”); U.N. SECURITY COUNCIL RESOLUTION 1067, U.N. Doc. S/RES/1067 (1996) (“6. Condemns the use ofweapons against civil aircraft in flight as being incompatible with elementary considerations of humanity, the rulesof customary international law as codified in article 3 bis of the Chicago Convention, … .”). Consider ProtocolRelating to an Amendment to the Convention on International Civil Aviation (Article 3 bis), May 10, 1984, 2122UNTS 346-47 (“The contracting States recognize that every State must refrain from resorting to the use of weaponsagainst civil aircraft in flight and that, in case of interception, the lives of persons on board and the safety of aircraftmust not be endangered. This provision shall not be interpreted as modifying in any way the rights and obligationsof States set forth in the Charter of the United Nations.”).918