Abstract
Prohibition on the use of force against civilian aircraft is closely associated with the customary international law. The non-use force against civil aircraft is for ensuring the safety of aircraft and the lives of persons.
The shooting down of civil aircraft is forbidden by article 3bis of the Chicago Convention of 1944. But this provision shall not be interpreted as modifying in any way the rights and obligations of States set forth in the Charter of the United Na- tions, i. e. the right of self-defence under article 51 of the Charter of the United Nations.
Such question may arise in case, when the civil aircraft is abused for terrorists purposes. Some states solve the problem concerning the use of force against civil aircraft.
States may defend themselves against air- space intrusion even by using force. For example German Constitutional Court sets out in the judgement of 2006, that in those cases where only the hijackers are on board the aircraft, the shooting down would be justified in constitutional terms.
In general, the use of force against civil aircraft shall be exceptional in cases of national security and to protect the interests of its cit- izens under the authority of the competent authorities. States are responsible for violations of international law.
However, the issue is the responsibility of states in connection with the behavior of non-state actors.