ABSTRACT
12.3 Unauthorised aerial intrusion A question that flows from the fact that states possess sovereignty over the air space above their territory is what action can be taken against ‘trespassing’ aircraft. As far as military aircraft are concerned the international law position appears to be clear. Unauthorised intrusion by military aircraft (with the exception of military transport aircraft) may be met by the use of force without warning. The most famous example occurred in the U-2 incident. In May 1960 a U-2 (an American reconnaissance aircraft) was shot down by USSR fighters over Soviet territory. The aircraft had been engaged in the aerial reconnaissance of the Soviet Union. The USSR protested at the flight and the USA made no attempt to justify its action in terms of international law or protest at the shooting down or the subsequent trial of the pilot.
