Practice Relating to Rule 7. The Principle of Distinction between Civilian Objects and Military Objectives
Section E. Attacks against civilian means of transportation
Kenya’s LOAC Manual (1997) provides: “Specifically protected transport shall be allowed to pursue their assignment as long as needed. Their mission, contents and effective use may be verified by inspection (e.g. aircraft may be ordered to land for such inspection).”
The manual also states:
Subject to prohibitions and restrictions on access to national air space, foreign aircraft except enemy military aircraft may not be attacked. Foreign civilian aircraft may be attacked:
(a) when escorted by enemy military aircraft, or
(b) when flying alone under the conditions stated below.
Foreign civilian aircraft can be ordered to modify their route or to land or alight on water for inspection … If a foreign civilian aircraft refuses to modify its route or to land or alight on water, it may be attacked after due warning. The provisions of this part governing foreign civilian aircraft can be applied by analogy to neutral military aircraft.