A legal perspective on military aviation is a way of looking at the rules and principles that govern the use of aircraft and other flying machines for the purposes of conducting or enabling aerial warfare. Military aviation is subject to both international law and national law, depending on the context and the parties involved. Some of the main sources of international law that regulate military aviation are:

• The Chicago Convention of 1944, which established the International Civil Aviation Organization (ICAO) and set out the basic principles of sovereignty, safety, and cooperation in civil aviation. The convention also recognized that every state has complete and exclusive sovereignty over the airspace above its territory, and that no state aircraft (including military aircraft) can fly over the territory of another state without its permission.
• The Geneva Conventions of 1949 and their Additional Protocols of 1977, which provide the rules for the protection of victims of armed conflicts, including civilians, prisoners of war, and wounded or sick persons. The conventions and protocols also prohibit certain methods and means of warfare, such as attacks on civilian objects, indiscriminate attacks, or attacks that cause unnecessary suffering or damage to the environment.
• The United Nations Charter of 1945, which established the UN as an international organization for maintaining peace and security, promoting cooperation, and protecting human rights. The charter also prohibits the threat or use of force against the territorial integrity or political independence of any state, except in self-defense or with the authorization of the UN Security Council.
• The Outer Space Treaty of 1967, which declared that outer space, including the moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means. The treaty also prohibits the placement of nuclear weapons or other weapons of mass destruction in orbit or on celestial bodies, and requires that states explore and use outer space in accordance with international law and for peaceful purposes.

Some of the main sources of national law that regulate military aviation are:

• The constitution and legislation of each state, which define the powers and responsibilities of the executive, legislative, and judicial branches of government, as well as the rights and duties of citizens. The constitution and legislation may also provide for the establishment and organization of the armed forces, the declaration and conduct of war, and the regulation of civil-military relations.
• The military doctrine and strategy of each state, which outline the principles and objectives of military policy, planning, and operations. The military doctrine and strategy may also specify the roles and missions of different branches and units of the armed forces, as well as the rules of engagement and operational procedures for military aviation.
• The case law and precedents of each state, which are the decisions and interpretations made by courts and tribunals on matters related to military aviation. The case law and precedents may also provide guidance and clarification on the application and enforcement of international law and national law in specific situations or disputes involving military aviation.

These are some examples of how a legal perspective on military aviation can help us understand the complex and dynamic issues that arise from the use of aircraft and other flying machines for the purposes of conducting or enabling aerial warfare.

Source:
Military Aviation Authority
Using the Air Force against Civil Aircraft
Cybersecurity in aviation: a regulator’s perspective