JOURNAL OF AIR LAW AND COMMERCE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP05C01629R000100090003-5
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 1
• Document Creation Date: December 22, 2016
• Document Release Date: August 16, 2011
• Sequence Number: 3
• Content Type: MISC

I
Approved For Release 2011/08/17: CIA-RDP05C01629R000100090003-5
588 JOURNAL OF AIR LAW AND COMMERCE [49
or aggressive, it has no right under customary international
law to shoot down a civilian passenger plane.
In view of the conclusion that it is generally unlawful to
shoot a trespassing: civilian airliner which disobeys a landing
order, fitremains to be seen whether a civilian aircraft on a
spying mission, as alleged by the Soviets in the Korean Air-
lines incident, is fair game for violent retaliation. In such cir-
cumstanees the lives of nurrous innocent travellers may be
threatened, and. therefore the subjacent state must present co-
gent sof the military mission of such a plane in order to
justify'a intcrms of self-defense. A mere allegation of self-
defpn; holly insufficient,,' rendering the subjacent state a
violas to 'ter law and the murderer of innocent
peOpl N fair, however, for the subjacent state to rely
tonal security in deciding what action to take.
standard is essential for judging any such as-
_
sert, belief in order to prevent abuses by subja-
cent totunes.
As this article has pointed out, the applicable rules of inter-
,- ~..
nattonal cr law are plainly inadequate in dealing with inci-
dend sucl as. the destruction of Korean Airlines Flight 007.
' We available to analyze the rights of an in-r
7~772.i 7T.
fo
al
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law. 1 e aaa a.u
clptes or internation
,agreement to resolve this unsettled state of affairs is
both parent and urgent.
Comments
Approved For Release 2011/08/17: CIA-RDP05C01629R000100090003-5