ABSTRACT
For the IHL framework, the arrival of the plane in the beginning the 20th century raised a significant challenge, involving the technical and operational independence of this new device of warfare. Despite the experiences of the First World War, the states were unable between 1918 and 1939 to implement an acceptable agreement on aerial warfare limitations. In result, the use of aircraft in time of war was an unsettled matter, causing finally havoc and destruction. The question concerning the legitimacy of the aerial bombings during the Second World War is still a subject of a long-lasting controversy, including both legal and historical aspects. In this respect, the presented background of the bombing of the town Wieluń in September 1939 is particularly significant, as it was among the first acts of this war, awakening the need of detailed examination from the perspectives of history and law. The discussion about the legality of air bombardments during the Second World War did not mention the tragedy of this city, or the serious IHL issues of the first organized air operation in the Second World War. The point of this article is to consider the existence and the role of the rules covering aerial warfare at the time and to find the answer to the question about how international law protected or could have protected the inhabitants of Wieluń at the dawn of 1st September 1939.
