Air attacks on civilian aircraft
 

Hi guys

Were there any rules governing attacks on civilian aircraft in war zones aircraft during WWII?

Obviously, aircraft carrying civil markings could not always have been recognised - Lufthansa Ju52s for example - although it would seem on occasion that civilian markings were ignored.

Cheers

Brian

Re: Air attacks on civilian aircraft
 

Swedish DC-3s on the route to UK were attacked several times by Luftwaffe and two aircraft were shot down. Also British and Norwegian aircraft on the BOAC route between Britain and Sweden were attacked as these were enemy aircraft.

Nils

Re: Air attacks on civilian aircraft
 

Brian,

I do not know the situation on the West, but as regards to the Eastern front German fighters attacked every plane they could. Thus, on November 30, 1941 JG54 intercepted 11 PS-84, which evacuated children from blockaded Leningrad. Ostermann and Lautenschlager finished one plane that crashed in flames, killing more than thirty children on board...

Re: Air attacks on civilian aircraft
 

There was the attack by V Gruppe/Kampfgeschwader 40, on flight 777 which killed the British film actor Leslie Howard in 1943, the myth being that it was ordered by Josef Goebbels owing to Howard's propaganda value to the Allied cause. I believe this has now been debunked.

Do we know which pilot of V./KG40 was responsible or was it a shared claim?

Re: Air attacks on civilian aircraft
 

The question is, of course, if they were wearing clearly identifyable civilian markings, or Red Stars (or a mix of both). Also, did the transports wear camouflage scheme?
All the photos I've seen from this period show the usage of camouflage (often applied directly on the original aluminum livery), and Red Stars.

Re: Air attacks on civilian aircraft
 

I'm not quite sure, but wasn't a Finnish airliner shot down by two Soviet DB-3 bombers after the ceasefire in 1940 ?

There were also several cases of airliners shot at by Japanese fighters in the Far East prior to 1941. You may find the details in Chris Shores et al., "Bloody Shambles - vol. 1".

Re: Air attacks on civilian aircraft
 

Brian ,
During attack on Pearl Harbor , several Light Planes were shot down.
1 Pilot Baled . 2 Pilots , 2 Passengers Killed. Another Pilot Killed when
Strafed after Landing.
Future WAFS Cornelia Fort was also flying a Light Plane but managed to
evade and survive strafing after landing. She was First WAFS Pilot to be
KIS in 1943.
Mike

Re: Air attacks on civilian aircraft
 

Guys

The way I see it, civil aircraft from Nations partaking in the war were all valid targets. During the war years, civil aircraft didn't fly tourists or pleasure flights. Basically all were on important schedules and used by either politicians,diplomats, business men (although often relatives were onboard as well), spies and other "under ground" individuals. Many of those onboard contributed quite a lot to each Nations war effort. Very often to "nail" a civil airliner probably caused more damage than to shoot down a bomber or fighter aircraft.

It became far more difficult when it came to civil aircraft from the Neutral States, such as Sweden, Switzerland and Portugal. The Germans when going over on the defensive were very much aware of what went on when let's say Swedish airliners went to Britain, but it was awkward of course to shoot such aircraft down since the same airline (in the Swedish case) also routed into Berlin. Politically it was no secret that Sweden also tended to "communicate" more and more with the Allies the further the war dragged on and politically we got warnings from Germany not to continue these "diplomat" flights. There are those who insist that the two DC-3's which were shot down were warnings to the Swedish Government, although Luftwaffe always claimed both were mistakes...

Cheers
Stig

Re: Air attacks on civilian aircraft
 

Total war, indeed. I believe you will find that direct killing of civilians is against the various conventions, and that civil aircraft are covered therein. Hence the retention throughout the war of large prominent registrations and colourful trim - even if on a basically camouflaged aircraft!

There is a case in one of Christopher Shores' books of (Malta-based?) Beaufighters shooting down an Italian airliner carrying women and children.

Re: Air attacks on civilian aircraft
 

On the 1st of July 1943 PH-ALI a DC-3 of KLM was shot down by Ju-88's over the Gulf of Biscay. The 17 passengers and crew of 4 were killed.
pp

Re: Air attacks on civilian aircraft
 

An article on this appeared in Flypast issue: July, 1991, p 11-14. Article by Ben Rovevink and Lt Col Herbert Hintze. Formation led by Lt Col Hintze and aircraft that carried out the attack were flown by Lt Bellstedt and Lt Wittermer Eigenbrodt.

Best Wishes.
Robert.

Re: Air attacks on civilian aircraft
 

Are you sure of that date? 1st of June would make it the KLM DC-3 Flight 777 I mentioned in a previous post. Unless KLM lost another DC-3 the following month.

Re: Air attacks on civilian aircraft
 

According to above Flypast article aircraft was KLM Flight 777, aircaft DC-3 Ibis G-AGBB shot down June 1st 1943.

Best Wishes.
Robert.

Re: Air attacks on civilian aircraft
 

I can't help thinking that if I was a KLM pilot at the time I might have took some sick leave.

Thanks for that Robert, most kind indeed.

Re: Air attacks on civilian aircraft
 

Full details of the 1 Jun 43 incident is in my book 'Bloody Biscay'.

Re: Air attacks on civilian aircraft
 

Cheers Chris, I'll pick up a copy next pay day.

Re: Air attacks on civilian aircraft
 

Gentlemen:

I don't believe that the question put in the initial post has been completely resolved i.e. were there treaties, conventions, international laws, etc that, in WW 2, explicitly prohibited attacks on civilian aircraft?

I share Graham's view that there probably were, but it would be nice to have a primary source to confirm this.

This might be one for the lawyers who follow this Board (but perhap it doesn't pay well enough for their advice)

Cheers

Don W

Re: Air attacks on civilian aircraft
 

Thanks Don

That was the point of asking the question.

Did the Geneva Convention cover this?

Cheers
Brian

Re: Air attacks on civilian aircraft
 

Mea culpa!
First of June indeed.
pp

Re: Air attacks on civilian aircraft
 

I think the same conventions that affected civilian ships also affected civilian aircraft, and the same attitude by the bellligerents i.e. ships/aircraft, even though civilian in that they do not carry defensive or offensive weapons, are assumed to be part of the war effort of said country and so fair game for attack. The only exceptions being craft from neutral countries amd they should be explicially marked as such.

There appear to be no explicit treaties/concentions of war that mention civilian aircraft but I have read that aircraft were treated in the same way as ships when retrospectively judging legality of action.

http://avalon.law.yale.edu/subject_menus/lawwar.asp

Re: Air attacks on civilian aircraft
 

Thanks again Amrit

I have note of a number of German air attacks on neutral ships prior to the commencement fo the Battle of Britain. It would seem that some of the crews should have gone to SpecSavers!!

Cheers
Brian

Re: Air attacks on civilian aircraft
 

I think the following citation is very telling. BOAC was a civilian carrier but there is no indignation or perception that attacks on civilian aircraft was wrong. Rather, by highlighting the crew's courage the citation implies that it was accepted that civilian aircraft would be attacked.

29th October, 1943.
The KING has been graciously pleased to give orders for the undermentioned appointments to the Most Excellent Order of the British Empire.

To be an Additional Officer of the Civil Division of the Most Excellent Order of the British Empire:—
Gilbert Rae, Captain of Aircraft, British Overseas Airways Corporation.

To be an Additional Member of the Civil Division of the Most Excellent Order of the British Empire:—
James Stanley Wood Payne, Radio Officer, British Overseas Airways Corporation.

Captain Rae and Mr. Payne have shown courage of a high order over an extended period in flying unarmed aircraft on. the civil war-time air service between the United Kingdom and Stockholm.

When Captain Rae was attacked over enemy occupied territory his aircraft was damaged by cannon fire and the undercarriage hydraulic system was put out of action. By the most skilful evasive tactics and by exceptional coolness in a most hazardous situation he was able to avoid further damage, to shake off his assailant and eventually to make a forced-landing in Sweden with the undercarriage retracted. The forcedlanding was made with such skill that comparatively little damage was done to the aircraft.

A few days later Captain Rae was again attacked by two German aircraft but by his skill and coolness he was able to shake off His assailants and land safely.

On a third occasion, half-way across the North Sea with a very heavy load, one of his engines failed and it was only due to superb airmanship that he managed to get back to base.

On each of these occasions Mr. Payne has been the Radio Officer of the aircraft. He has cheerfully and readily accepted the same risks as his pilot. His skill as a Radio Officer and his coolness in the face of extreme danger have been outstanding.

However, what is interesting is the frequent advertisement of civilian air transport in the national newspapers which implies that there may have been some accord to limit attacks by the parties.

Re: Air attacks on civilian aircraft
 

There must be also several friendly fire accidents, when the belligerents shot their own civilian aircraft mistakenly (I investigate such an incident now)

And don't forget, that the last US kill of the Korean war also was an Aeroflot airliner.

Re: Air attacks on civilian aircraft
 

Hi Amrit

Great stuff!

But which Act covers the following;

"I think the same conventions that affected civilian ships also affected civilian aircraft, and the same attitude by the bellligerents i.e. ships/aircraft, even though civilian in that they do not carry defensive or offensive weapons, are assumed to be part of the war effort of said country and so fair game for attack. The only exceptions being craft from neutral countries amd they should be explicially marked as such."

Cheers
Brian

Re: Air attacks on civilian aircraft
 

Oh dear, Brian, you had to ask :p

OK, maritime law is complicated and I would be the first to admit that I only have a cursory knowledge but :

1) the main legal principle affecting naval conduct was Declaration concerning the Laws of Naval War (1909). At that time, the assumption was that all civilian ships were exempt from military action except where they maybe perceived to be carrying "contraband" (see link). You may know of the outrage over the sinking of the Lusitania and the cliam by the Germans that it was a legitimate target because it was carrying ammunition.

http://www1.umn.edu/humanrts/instree/1909b.htm

2) After WW1 the next main treaty was the Treaty for the Limitation and Reduction of Naval Armaments (1930), and especially Part 4:

• The following are accepted as established rules of International Law:
• (1) In their action with regard to merchant ships, submarines must conform to the rules of International Law to which surface vessels are subject.
• (2) In particular, except in the case of persistent refusal to stop on being duly summoned, or of active resistance to visit or search, a warship, whether surface vessel or submarine, may not sink or render incapable of navigation a merchant vessel without having first placed passengers, crew and ship's papers in a place of safety. For this purpose the ship's boats are not regarded as a place of safety unless the safety of the passengers and crew is assured, in the existing sea and weather conditions, by the proximity of land, or the presence of another vessel which is in a position to take them on board.

http://www.microworks.net/pacific/ro...don_treaty.htm

Though the rest of the Treaty lapsed, Part 4 was reiterated in 1936, and no other treaty replaced it before the war.

So, as I said, the conventions were that civilian ships were not to be attacked. However, they could be searched for contraband (material that could help the war effort), and then taken into possession or sunk. Now, that obviously cannot be the case for aircraft i.e. searched, so the belligerents erred on the side that they carried contraband and shot them down.

However, read the bits about neautrality and the travel to and from a neutral country. It seems that, again, the principle that those travelling from or to a neautral country were "protected", hence why there were scheduled flights between Portugal and Britain (and generally unmolested)

I shall stop rambling now

A

Re: Air attacks on civilian aircraft
 

BTW thought you might find this interesting

http://www.irishseamensrelativesasso...tory%20WW2.htm

Re: Air attacks on civilian aircraft
 

Hi Amrit

Excellent material once again! Many thanks for responding. Another mention in Despatches!!

Cheers
Brian