Abstract

The use of weapons against civilian aircraft, in view of the ethical and legal dilemmas, endangers human life, society and its stability, and has legal and economic consequences; it is one of the most serious legal cases of our time. Even if the problem is analysed and interpreted in the light of the available legal concepts and instruments, and the legality or otherwise of the use of weapons is not established, the problem cannot be dealt with in a way that is beyond doubt and reassuring, since it certainly involves a violation of the right to life of the passengers on board the aircraft and of the international obligations of the State such as general rules of international law or humanitarian law. The purpose of this paper is to present the international legal liability regime for the use of weapons against civil aircraft in peacetime and in armed conflict, as well as its human rights and ethical responsibilities.

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