Air Power, International Law and Ethics

Abstract

Although no specific treaties govern the use of air power, a significant body of rules based on general international humanitarian law (IHL) constrains the use of air power in armed conflicts. Scenes of carnage resulting from the application of air power to urban environments underscore the need to balance humanitarian concerns with operational necessity. With the principles of distinction, military necessity, proportionality, and humane behaviour as the point of departure, this chapter focuses on air-to-ground targeting – the aspect of air power that comprises the majority of IHL issues. It addresses four modern areas of debate, drawing on the principles of targeting: strategic targeting of war-sustaining objects, the issue of human shields, the use of remotely piloted aircraft, and autonomously operated aerial systems. Modern counter-insurgency operations have increased the complexity of the traditional battlespace with their greater focus on prevention of collateral damage. With robots increasingly becoming part of the Western arsenal, IHL and the moral code become essential; for Western democracies, law and ethics constitute the first line of defence. The study of IHL should assist all those involved in planning, leading, and executing air operations. The politically desirable and technologically possible must never be allowed to trump IHL.