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1. Airspace
It hasn’t gotten as much attention as the war crimes (more on those in a minute), but last Friday Trump tweeted out the following on Truth Social:
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What the f#$! does this mean?
First, the stupidest question: Is this U.S. policy, or merely an observation from a private citizen? Not everything Trump posts on Truth Social is official U.S. policy. For instance, this video seems to have been posted not as instructions from the commander-in-chief, but as a comment in Trump’s capacity as a private citizen exercising his First Amendment rights:
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Maybe Trump’s declaration about Venezuelan airspace isn’t official policy, but just a guy shitposting?
But what if it is a formal declaration of U.S. policy?
Usually, when a military force announces a no-fly zone it uses precise language through an official channel. This language serves to:
specify the exact geographical dimensions of the no-fly zone and the time at which it commences;
stipulate which kinds of aircraft it applies to;
describe which sorts of flights are prohibited and which are allowed; and
detail the modes of monitoring and enforcement.
For instance, in 1992 the United Nations issued Resolution 781 declaring that it:
1. Decides to establish a ban on military flights in the airspace of Bosnia and Herzegovina, this ban not to apply to United Nations Protection Force flights or to other flights in support of United Nations operations, including humanitarian assistance;
2. Requests the Force to monitor compliance with the ban on military flights, including the placement of observers where necessary at airfields in the territory of the former Yugoslavia;
A year later the U.N issued Resolution 816, expanding on the initial resolution by further clarifying which kind of aircraft were prohibited and explaining what enforcement would entail:
1. Decides to extend the ban established by resolution 781 (1992) to cover flights by all fixed-wing and rotary-wing aircraft in the airspace of the Republic of Bosnia and Herzegovina, this ban not to apply to flights authorized by UNPROFOR in accordance with paragraph 2 below; . . .
4. Authorizes Member states, seven days after the adoption of this resolution, acting nationally or through regional organizations or arrangements, to take, under the authority of the Security Council and subject to close coordination with the Secretary-General and UNPROFOR, all necessary measures in the airspace of the Republic of Bosnia and Herzegovina, in the event of further violations, to ensure compliance with the ban on flights referred to in paragraph 1 above, and proportionate to the specific circumstances and the nature of the flights;
Why are these declarations so lawyerly? Because it serves the interests of the more powerful nations.
By being clear and detailed, the military imposing the no-fly zone is fully transparent about what is allowed and what is not allowed, so that if the exclusionary zone is violated and it shoots down an aircraft, there is no confusion as