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the rights and obligations of States set forth in the Charter of the United Nations. 121 Thus, aState’s use of force against civil aircraft in the exercise of the inherent right of self-defensewould be permitted.14.8.3.2 Forfeiture of Protection From Being Made the Object of Attack DuringArmed Conflict. Civil aircraft may be made the object of attack, outside neutral territory, if theaircraft constitutes a military objective. 122In particular, civil aircraft forfeit any protection from being made the object of attack ifthey acquire the character of enemy military aircraft by:• taking a direct part in the hostilities on the side of the enemy; or• acting in any capacity as a naval or military auxiliary to the enemy’s armed forces. 123In addition, enemy civil aircraft forfeit protection from being made the object ofattack: 124• when persistently refusing to comply with directions from intercepting aircraft; 125• when flying under convoy of enemy warships or military aircraft;• when armed with systems or weapons beyond that required for self-defense againstterrorism, piracy, or like threats;• when incorporated into or assisting the enemy’s military intelligence system; 126 or121 Consider Protocol Relating to an Amendment to the Convention on International Civil Aviation (Article 3 bis),May 10, 1984, 2122 UNTS 346-47 (“The contracting States recognize that every State must refrain from resorting tothe use of weapons against civil aircraft in flight and that, in case of interception, the lives of persons on board andthe safety of aircraft must not be endangered. This provision shall not be interpreted as modifying in any way therights and obligations of States set forth in the Charter of the United Nations.”) (emphasis added). Compare§ 13.1.1 (The Law of the Sea During Armed Conflict).122 Refer to § 5.7 (Military Objectives).123 Refer to § 15.14.2.1 (Acquiring the Character of an Enemy Warship or Military Aircraft).124 2007 NWP 1-14M 8.8 (“Enemy merchant vessels and civil aircraft may be attacked and destroyed by militaryaircraft only under the following circumstances: 1. When persistently refusing to comply with directions from theintercepting aircraft 2. When sailing under convoy of enemy warships or military aircraft 3. When armed withsystems or weapons beyond that required for self-defense against terrorism, piracy, or like threats 4. Whenincorporated into or assisting in any way the enemy’s military intelligence system 5. When acting in any capacity asa naval or military auxiliary to an enemy’s armed forces 6. When otherwise integrated into the enemy’s war-fightingor war-sustaining effort.”); 1989 NWP 9 8.4 (“Enemy merchant vessels and civil aircraft may be attacked anddestroyed by military aircraft only under the following circumstances: 1. When refusing to comply with directionsfrom the intercepting aircraft 2. When assisting in any way the enemy’s military intelligence system or acting in anycapacity as auxiliaries to the enemy’s armed forces 3. When sailing under convoy of enemy warships, escorted byenemy military aircraft, or armed 4. When otherwise integrated into the enemy’s war-fighting or war-sustainingeffort.”).125 Refer to § 14.5.2.1 (Failure to Comply by Civil Aircraft).919

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