Aircraft in War

Cover Aircraft in War
Aircraft in War
J M James Molony Spaight
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— Aircraft can only be considered sus- pected of espionage if, acting clandestinely or under false pretences and thus dissimulating their operations, they obtain, or seek to obtain, information, above the territory or territorial waters of a belligerent, or above territory occupied by his troops, or, in the open sea, above one of his squadrons or ships of war, and, generally, in the zone of his operations, with the intention of communicating it to the hostile party.
It is consequently a princip
...le that soldiers, not in dis- guise, employed on scouting duty in aircraft, and individuals dispatched in aircraft to carry despatches and in general to maintain communication between the various parts of an army or of a territory, are not considered spies.
ARTICLE 8. — The public aircraft of a belligerent State, though not appertaining to the military service, are liable to seizure and confiscation.
ARTICLE 9. — The private aircraft of the enemy may be seized by a belligerent above his own or the enemy's territory or territorial waters, and above the open sea, but they must be restored at the peace without indemnity.


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