AIR & SPACE LAW- INTERNAL ASSESSMENT –II

REPORT WRITING
TOPIC –
“RELEVANCE OF AIR & SPACE LAW ISSUES IN
SICTA COMPROMIS”

YEAR IV, SEMESTER VIII

SHAMBHAVI SIROTHIA-19010125363
DIVISION D
BA- LLB (HONS)
 “AIR & SPACE LAW IN ARENA OF WAR”

“ Air warfare may either end war or end civilization.”

INTRODUCTION: NEED & RELEVANCE

Since Orville Wright's successful 52-second flight over 260 meters in Dayton, Ohio, on
December 7, 1903, at a height of three meters, mankind has attempted to make the best use
of airspace as a medium and aircraft as instruments 1. Although initial designs were
intended for peaceful purposes, primarily air transport, it is war-related uses that have really
given the impetus for the development of aviation in terms of quality. For a long time,
airships were rarely used for combat operations, and any aerial action was always rejected
unless it was a component of a land or aeronaval operation. But in today’s world aerial action
and warfare is on the verge of normalization as reflected in the SICTA Compromis. The
mention of air raids that caused a loss of soldiers and countless support staff and loss of
military assets worth millions of dollars in Emerald City 2 and the use of airborne drones
equipped with vacuum bombs3 indicate towards endangerment of humanity.

1
The Law of Air-warfare, ICRC https://www.icrc.org/en/doc/resources/documents/article/other/57jpcl.htm.
2
Para h(i), II Situation, Page 8, SICTA Compromis 2023.
3
Para a, VI Arguments of Prosecution, Page 12, SICTA Compromis 2023.
As per aerospace doctrine, an aerial operation is a collection of concurrent, similar aircraft
sorties that are carried out to achieve a single goal such as attacks, reconnaissance, transports,
and special airborne missions. The variety of potential contexts for airborne actions includes
all phases of conflict, from peacetime to peacekeeping. Accordingly, it can be said that
when aerial action is referred to as hostile, it is because it is committing or intending to
commit acts that share a single trait, namely, violence i.e., acts that violate the status or the
rights of other groups or countries when they are carried out without the approval of the
affected group or nation.

Air to
Air
Warfare

Air attacks
on target
land
Over-flight above
sea or engagement
in combat with
naval forces from
the air

DEMYSTIFICATION OF THE PRESENT LEGAL SYSTEM

It is not surprising that there were no specific legal instruments for what is now known as air
warfare in its early stages. Only, in 1899, the First Hague Peace Conference adopted three
conventions and three declarations, the first of which forbade the use of balloons or other
similar new means for the launch of projectiles or explosives. In an era when air technology
was not sufficiently developed to allow for the precise targeting of targets to be destroyed, the
Hague Declaration of 1907 forbade the discharge of projectiles and explosives from
balloons or other similar new methods. Another particular instrument was created following
the First World War. The Hague Rules, also known as the Convention on the Control of
Wireless Telegraphy in Time of War and Air Warfare, were created in 1922 and 1923.
Large portions of those rules are regarded as customary law, which is binding on the entire
international community even though they were never ratified by States. Certain guidelines
outlined in that document, like the distinction between military and other aircraft and the ban
on bombing targets other than military targets, continue to be very important.

The regulations governing war on land apply to airstrikes on targets on land. "Bombardment,
by whatever means, of towns, villages, dwellings, or buildings which are undefended 4" is
already forbidden by the Hague Regulations. The Hague Convention of 1954 and Article 53
of Protocol I provide protection against all forms of attack on cultural assets and places of
worship5. Most notably, Article 49(3) specifies that air operations that may have an impact
on the civilian population on land, including airstrikes against land-based targets, are subject
to the Protocol I standards for the protection of the civilian population. Article 57(4) of
Protocol I, specifies that during air combat, "each Party to the Conflict shall take all
Reasonable Precautions to avoid Losses of Civilian Lives and Damage to Civilian Objects,"
which is another treaty requirement. With a few sad omissions and some helpful
clarifications, the Manual on Air and Missile Warfare's regulations essentially reiterate
Protocol I. Geneva Convention also restricts activities on similar lines.

The Partial Test Ban Treaty of 1963 forbids the testing of nuclear weapons in space, and
the Outer Space Treaty of 1967, establishes fundamental guidelines for the exploration and
use of space.

A reading of the above regulations establishes that the main principle is aerial operations
must adhere to the three criteria of military necessity, distinction, and proportionality in
order to be legitimate. An attack or operation must be directed towards achieving a military
objective, with the harm to people or civilian property being proportionate to and not
excessive in comparison to the anticipated concrete and direct military advantage.

CONCLUSION: THE ROAD FORWARD

The advent of the war on earth demonstrates the need for legal clarifications on
what governments and stakeholders can and cannot do in special global commons like air and

4
Lamont, C. 2014. Conflict in the Skies: The Law of Air Defence Identification Zones. Air and Space Law,
39(3), 187-202.
5
Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, 1954.
space6 in order to safeguard the safety, security, and sustainability of humanity. The situation
in Titan and Republic as explained in the SICTA Compromis has once again shown how
crucial air and space applications are to contemporary living and contemporary conflict7.
Hardcore involvement of private businesses in the industry also highlights concerns like
purchasing real-time information to support humanitarian relief efforts, combat
misinformation, track how armed conflict affects the environment, and keep an eye on
military operations provided through remote-sensing pictures of these commercial companies
at the same time use of satellite location technology to strike civilian infrastructure. Space
cooperation has long been a symbol of how nations can cooperate despite their political
issues and divides.

REFERENCES & BIBLIOGRAPHY

JOURNALS:

1. Desaussure, col. Hamilton. “The Laws of Air Warfare: Are There Any?” The
International Lawyer, vol. 5, no. 3, 1971, pp. 527–48. JSTOR,
http://www.jstor.org/stable/40704677.

INTERNET SOURCES:

1. Russia’s Invasion of Ukraine Threatens Space-Cooperation Business and Security

https://theconversation.com/russias-invasion-of-ukraine-threatens-space-co-operation-
business-and-security-178397
2. Air-warfare ICRC.org https://casebook.icrc.org/law/air-warfare
3. Airpower after Ukraine Early Lessons from the Russia-Ukraine War as a Space
Conflict https://www.atlanticcouncil.org/content-series/airpower-after-ukraine/early-
lessons-from-the-russia-ukraine-war-as-a-space-conflict/
4. Paul J, Goda S.J. The Protection of Civilians from Bombardment by Aircraft: The
Ineffectiveness of the International Law of War
https://core.ac.uk/download/pdf/149264561.pdf
6
Jakhu, R. 2005. Legal issues relating to the global public interests in outer space. Maryland: Centre for
International and Security Studies.
7
Para h(i), II Situation, SICTA Compromis 2023.
 5. The Utility of Air Space and Outer Space Law to States and Private Entities
https://onlineresearchjournals.com/aajoss/art/315.pdf

ONLINE DATABASES:

A. Google Scholar
B. Hein Online
C. JSTOR
D. SSRN