War in the Air from Spain to Yemen: The Challenges in Examining the Conduct of Air Bombardment

Abstract

Air power is a dominant factor in both past and modern battlespace. Yet, despite its undisputed importance in warfare, its legal framework did not correspond with the significance of the air military operations, especially before the adoption of the Additional Protocol I to the Geneva Conventions of 1977. Even after this date, not all the particulars of air warfare are regulated by the positive rules, as the law is scattered in norms of customary character. Even more challenging process than reconstruction of the legal architecture of the air warfare is the evaluation of the specific incidents containing the elements of military aviation activity. The aim of the article is to present possible challenges arising from very complex normative and operational background of the air warfare and air bombardments in particular. The pivotal point in considerations is the forgotten inquiry conducted by the military experts operating within the established by the League of Nations commission reviewing the conduct of air bombardment during the Civil War in Spain. The adopted methodology of the commission could be considered as a reasonable and balanced approach of analyzing the cases including the involvement of the air power and a relevant reference in contemporary investigations.