ABSTRACT

This chapter examines the principles of international law governing the use of civil aircraft and crew for military purposes. Civil aircraft depended entirely on predetermined flight paths and codes of commercial conduct which varied depending on aircraft type and types of traffic carried, whereas military aircraft operated in line with the exigency of a situation, and were not necessarily always guided by predetermined flight paths. The Chicago Convention is as good a starting point as any in determining the international legal principles governing the use of civil aircraft and crew for military purposes. All crew insurance covered by a policy obtained for civil aircraft would usually be rendered null and void if such crew were used to operate a civil aircraft for military purposes. The Chicago Convention of 1944 prohibits aircraft of a contracting State which are used for military purposes from flying over the territory of another State or landing thereon without authorization or by special agreement or otherwise.