Lin, 1932, Aeronautical Law in Time of War

From Inventing aviation
Jump to navigation Jump to search
Wo-chiang Lin. "Aeronautical Law in Time of War", Journal of Air Law and Commerce Vol. 3, pp. 79–92.

Uses of aero in war before 1914

Aero used in war before 1914:

If we ue the term "aircraft" to include all types of craft, lighter-than-air or heavier-than-air craft, then we must say that, in the form of balloons, they were used for the purpose of war as early as 1794 by the French revolutionary armies. In this form, also, they were used by the Russians in 1812 against the French; by the French at Antwerp in 1815; by the Austrians in 1849 during the siege of Venice. They were also used by the Italians in 1859; by the Americans during the Civil War; by the French in 1860; by the British during the Boer war of 1899–1902; and by the Japanese in 1904 during the Russo-Japanese war.

In these cases the primary uses of balloons were for reconnaissance, communication, and escape. The introduction of airplanes, which are faster and harder, enabled aircraft to play a more significant role in war.

Aeroplanes were first used in the Turco-Italian war of 1911 and the Balkan wars of 1912–1913. In the Turco-Italian war of 1911, it was said that the Italians employed dirigible aircraft, from which they dropped exposives upon the Turkish forces, and that there was dropped over the town of Sanzour some 14 miles west of the city of Tripoli, a bomb, which fell into the street, killing four persons and wounding ten others, all of them non-combatants.
[Footnote]: This act by the Italians roused much discussion among the jurists at that time. They asked whether such bombardment from the air was not against the Declaration of the Hague Conventions of 1899 and 1907 as well as the Provisions (articles 25 and 27) of the Hague Regulations of 1907. The fact was that Turkey only had signed both of these, but not Italy. [...]

Law regulating aeronautics in war

Law regulating aerial warfare before 1914:

  • Hague Peace Conference of 1899 – at which Russia proposed "to prohibit the throwing of projectiles of any kind from balloons or by any similar means." The final language was:

    The Contracting Powers agree to prohibit, for a term of five years, the launching of projectiles and explosives from balloons or by other new methods of a similar nature.
    The present declaration is only binding on the Contracting Powers of war between two or more of them.
    It shall cease binding from the time when, in a war between the Contracting Powers, one of the belligerents is joined by a non-contracting power.

  • Hague Peace Conference of 1907 – agreed to restriction on projectiles for another five-year term. Aeronautics had advanced considerably in the interim between the two conferences and was taken much more seriously by the participants. Hague regulations on land warfare also forbid "The attack or bombardment, by any means whatever, of towns, villages, habitations, or buildings which are not defended (Article 25)." (Other articles might apply, too.)
  • Madrid Conference of 1911 – at which M. Fauchille proposed a code of 28 articles on aeronautics in times of peace and 30 articles on aeronautics in times of war. These included prohibitions on hostile actions above territories of neutral states and of bombardment of undefended towns and habitations, as well as an application to aeronautics of the Hague laws governing navies. Others proposed allowing aerial reconnaissance but not attacks, while others wanted to ban altogether the use of aircraft in war. These proposals were not adopted. Instead the Madrid Conference agreed: "Aerial war is permitted, but only on the condition that it does not present for the persons or property of the peaceable population greater dangers than land or sea warfare."

Bibliography

Retrieved from "http://econterms.net/aero/index.php?title=Lin,_1932,_Aeronautical_Law_in_Time_of_War&oldid=214661"