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In addition to completing flying licences and ratings as part of the Professional Pilot Program, students receive a solid academic and The pilot who has crash-landed his aircraft and is attempting to complete its destruction or the destruction of any part of his or its equipment is committing a hostile act and may be attacked immediately.
It is therefore legitimate for an enemy in such circumstances to attack the rescuers or by some other means to impede or prevent the rescue activity. However, that would not apply in the case of medical personnel, units or transports collecting the sick or wounded, see chapter 7. The mere fact that a rescue service saves enemy personnel as well as its own does not entitle it to immunity from attack. Once taken prisoner, such enemy personnel should be accorded all the rights of a prisoner of war, at least until their status has been determined.
Arguably, any communication by downed aircrew with their national authorities constitutes a hostile act, which would at that point justify an attack upon that aircrew. Such justification may also arise from other conduct indicating that the downed individual is seeking to continue the fight. The law of war does not prohibit firing upon paratroops or other persons who are or appear to be bound upon hostile missions while such persons are descending by parachute. Persons other than those mentioned in the preceding sentence who are descending by parachute from a disabled aircraft may not be fired upon.
When an aircraft is disabled and the occupants escape by parachutes, they should not be attacked in their descent … However, persons descending from an aircraft for hostile purposes, such as paratroops or those who appear to be bound upon hostile missions, are not protected. Any person descending from a disabled aircraft who continues to resist may be attacked. Downed enemy airmen from aircraft in distress are subject to immediate capture and can be attacked if they continue to resist or escape or are behind their own lines. Otherwise they should be afforded a reasonable opportunity to surrender.
Paratroopers, on the other hand, are jumping from an airplane to fight. They are targets and you may fire at them while they are still in the air. Parachutists descending from disabled aircraft may not be attacked while in the air unless they engage in combatant acts while descending. Upon reaching the ground, such parachutists must be provided an opportunity to surrender.
It adds:. A downed airman, who aware of the presence of enemy armed forces, attempts to evade capture, will probably be considered as engaging in a hostile act and, therefore, subject to attack from the ground or from the air. National Legislation. Any person who uses war instruments or procedures the application of which violates an international agreement entered into by Denmark or the general rules of international law, shall be liable to the same penalty [i.
Geneva Conventions Act , , as amended in , Section 4 1 and 4. Law of War Decree , , as amended in , Article 35 3. Law of War Decree , , as amended in , , Article Anyone who contravenes or is accessory to the contravention of provisions relating to the protection of persons or property laid down in … the two additional protocols to [the Geneva] Conventions … is liable to imprisonment.
National Case-law. The Court stated:. The accused has been indicted before this Court on three counts of terrorism, that is to say, contraventions of s 54 1 of the Internal Security Act 74 of He has also been indicted on three counts of attempted murder. By the terms of [the Additional] Protocol I to the  Geneva Conventions the accused was entitled to be treated as a prisoner-of-war.
Since, if such a notice were necessary, the trial could not proceed without it, Mr Donen suggested that the necessity or otherwise for giving such a notice should be determined before evidence was led. On 12 August there were concluded at Geneva in Switzerland four treaties known as the Geneva Conventions. South Africa was among the nations which concluded the treaties.
After the Second World War many conflicts arose which could not be characterised as international. It was therefore considered desirable by some States to extend and augment the provisions of the Geneva Conventions, so as to afford protection to victims of and combatants in conflicts which fell outside the ambit of these Conventions.
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Protocol II relates to the protection of victims of non-international armed conflicts. Since the State of affairs which exists in South Africa has by Protocol I been characterised as an international armed conflict, Protocol II does not concern me at all. The extension of the scope of art 2 of the Geneva Conventions was, at the time of its adoption, controversial. The article has remained controversial. More debate has raged about its field of operation than about any other articles in Protocol I.
South Africa is one of the countries which has not acceded to Protocol I.
Nevertheless, I am asked to decide, as I indicated earlier, as a preliminary point, whether Protocol I has become part of customary international law. If so, it is argued that it would have been incorporated into South African law. Once all this has been shown it would have to be demonstrated to the Court that the accused conducted himself in such a manner as to become entitled to the benefits conferred by Protocol I on combatants, for example that, broadly speaking, he had, while he was launching an attack, distinguished himself from civilians and had not attacked civilian targets.
To my way of thinking, the trouble with the first Protocol giving rise to State practice is that its terms have not been capable of being observed by all that many States. At the end of when the treaty first lay open for ratification there were few States which were involved in colonial domination or the occupation of other States and there were only two, South Africa and Israel, which were considered to fall within the third category of ra[c]ist regimes.
Accordingly, the situation sought to be regulated by the first Protocol was one faced by few countries; too few countries in my view, to permit any general usage in dealing with armed conflicts of the kind envisaged by the Protocol to develop. Mr Donen contended that the provisions of multilateral treaties can become customary international law under certain circumstances. I accept that this is so. There seems in principle to be no reason why treaty rules cannot acquire wider application than among the parties to the treaty.
Brownlie Principles of International Law 3rd ed at 13 agrees that non-parties to a treaty may by their conduct accept the provisions of a multilateral convention as representing general international law. I incline to the view that non-ratification of a treaty is strong evidence of non-acceptance. It is interesting to note that the first Protocol makes extensive provision for the protection of civilians in armed conflict.
In this sense, Protocol I may be described as an enlightened humanitarian document. If the strife in South Africa should deteriorate into an armed conflict we may all one day find it a cause for regret that the ideologically provocative tone of s 1 4 has made it impossible for the Government to accept its terms. To my mind it can hardly be said that Protocol I has been greeted with acclaim by the States of the world. Their lack of enthusiasm must be due to the bizarre mixture of political and humanitarian objects sought to be realised by the Protocol.
This position should be compared to the States which are parties to the Geneva Conventions. This approach of the world community to Protocol I is, on principle, far too half-hearted to justify an inference that its principles have been so widely accepted as to qualify them as rules of customary international law.
The reasons for this are, I imagine, not far to seek. For liberation movements who rely on strategies of urban terror for achieving their aims the terms of the Protocol, with its emphasis on the protection of civilians, may prove disastrously restrictive. I therefore do not find it altogether surprising that Mr Donen was unable to refer me to any statement in the published literature that Protocol I has attained the status o[f] customary international [law]. On what I have heard in argument I disagree with his assessment that there is growing support for the view that the Protocols reflect a new rule of customary international law.
No writer has been cited who supports this proposition. Here and there someone says that it may one day come about. I am not sure that the provisions relating to the field of application of Protocol I are capable of ever becoming a rule of customary international law, but I need not decide that point today.
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For the reasons which I have given I have concluded that the provisions of Protocol I have not been accepted in customary international law. They accordingly form no part of South African law. This conclusion has made it unnecessary for me to give a decision on the question of whether rules of customary international law which conflict with the statutory or common law of this country will be enforced by its courts. In the result, the preliminary point is dismissed.
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The trial must proceed. Petane case , Judgment, 3 November , pp. In Petane , … Conradie J found that the provisions of [the Additional] Protocol I are not part of customary international law, and therefore are also not part of South African law. Referring to the fact that in December only 66 of the States party to the Geneva Conventions had ratified Protocol I, the Court [in Petane ] stated:. I therefore do not find it altogether surprising that Mr Donen was unable to refer me to any statement in the published literature that Protocol I has attained the status of customary international law.
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Important changes with respect to certain aspects applicable at the time of Petane have taken place. The total number of States that have ratified it, is now … This last aspect forms the basis on which the First Respondent [the State] and the applicants agree that Protocol I forms part of customary international law as well as of South African law.
As requested, this position is accepted for the purposes of the decision, without deciding on the matter. Despite these changes, it remains debatable whether the provisions of Protocol I have become a part of South African law in this way. The consensus of both parties to the conflict is required. See Petane … and Article 96 of Protocol I.
See Petane. Boeremag case , Judgment, 26 August , pp.