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Max Planck Encyclopedia of Public International Law [MPEPIL]

Neutrality in Air Warfare

Peter Hostettler, Olivia Danai

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 12 July 2020

Neutrality and non-alignment — Armed conflict — Warfare, air — Necessity — Belligerence — Armed forces — Civil aviation — Geneva Conventions 1949

Published under the auspices of the Max Planck Foundation for International Peace and the Rule of Law under the direction of Rüdiger Wolfrum.

1 Neutrality in air warfare is a concept in international law of armed conflict (Neutrality, Concept and General Rules) covering the mutual rights and obligations of belligerent States and States not involved in the conflict with regard to the airspace and the circulation of aircraft and the launch and transit of missiles. Neutral airspace means the part of the atmosphere above neutral territory including territorial waters (Neutrality in Land Warfare; Neutrality in Naval Warfare), but below the outer space. Aircraft means a machine or device, manned or unmanned,...
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