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• when otherwise integrated into the enemy’s war-fighting or war-sustaining effort.14.8.3.3 Attack of Civilian Passenger Aircraft. If a civilian passenger aircraftconstitutes a military objective and thus is liable to attack, any attack must comply with otherapplicable rules related to attacks. 127In particular, attacks against civilian passenger aircraft engaged in passenger service mustcomply with the requirement that the expected loss of life or injury to civilians, and damage tocivilian objects incidental to the attack, must not be excessive in relation to the concrete anddirect military advantage expected to be gained. 12814.9 AIR ATTACKS AGAINST MILITARY OBJECTIVES ON THE GROUNDThe general rules on conducting attacks also apply to air attacks against militaryobjectives on the ground. 12914.9.1 Prohibition Against Bombardment of Undefended Cities, Towns, and Villages.The aerial bombardment of towns, villages, dwellings, or buildings that are undefended isprohibited. 130 The phrase “by whatever means” was inserted in the Hague IV Regulations toclarify that bombing attacks by air were included in this rule. 131An “undefended” city, town, or village in this sense is a term of art. For example, a citymay only be declared “undefended” if it is open for immediate physical occupation by opposingmilitary ground forces. 13214.9.2 Selection of Weapons in Conducting Attacks From the Air Against GroundMilitary Objectives. It may be the case that commanders will have a variety of weapons withwhich to conduct a potential aerial bombardment.Certain weapons are prohibited per se, and it is specifically provided that feasibleprecautions be taken in connection with certain weapons. 133 It must be emphasized, however,that the selection of the appropriate weapon for conducting an aerial bombardment remainsprimarily a military judgment rather than a legal one. In particular, there is no law of war126 Consider Commission of Jurists to Consider and Report Upon the Revision of the Rules of Warfare, GeneralReport, Part I: Rules for the Control of Radio in Time of War, art. 6, Feb. 19, 1923, reprinted in 32 AJILSUPPLEMENT: OFFICIAL DOCUMENTS 2, 7-8 (1938) (“1. The transmission by radio by a vessel or an aircraft, whetherenemy or neutral, when on or over the high seas of military intelligence for the immediate use of a belligerent is tobe deemed a hostile act and will render the vessel or aircraft liable to be fired upon.”).127 Refer to § 5.5 (Rules on Conducting Assaults, Bombardments, and Other Attacks).128 Refer to § 5.12 (Proportionality in Conducting Attacks).129 Refer to § 5.5.2 (Overview of Rules in Conducting Attacks).130 Refer to § 5.15 (Undefended Cities, Towns, and Villages).131 Refer to § 5.15.2 (“By Whatever Means”).132 Refer to § 5.15.3 (Declaration of a City as “Undefended”).133 Refer to § 6.4 (Prohibited Weapons); § 5.3.3.3 (Requirements to Take Precautions Regarding Specific Weapons).920