# In war, are there rules against shooting down paratroopers?

**URL:** <https://boards.straightdope.com/t/in-war-are-there-rules-against-shooting-down-paratroopers/136976>\
**Category:** Factual Questions\
**Created:** [November 16, 2002, 2:39am UTC](https://boards.straightdope.com/t/in-war-are-there-rules-against-shooting-down-paratroopers/136976 "2002-11-16T02:39:04Z")\
**Posts on this page:** 12\
**Page:** 1

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**Author:** ![Chubbs](https://avatars.discourse-cdn.com/v4/letter/c/47e85d/32.png) [@Chubbs](https://boards.straightdope.com/u/Chubbs)\
**Post date:** [November 16, 2002, 2:39am UTC](https://boards.straightdope.com/t/in-war-are-there-rules-against-shooting-down-paratroopers/136976/1 "2002-11-16T02:39:04Z")

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I think it has something to do with the Geneva Convention. I’m not familiar with the rules of war but wouldn’t that be the best time to shoot at them? I thought all is fair in love and war.

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**Author:** ![MEBuckner](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mebuckner/32/2896_2.png) [@MEBuckner](https://boards.straightdope.com/u/MEBuckner)\
**Post date:** [November 16, 2002, 3:05am UTC](https://boards.straightdope.com/t/in-war-are-there-rules-against-shooting-down-paratroopers/136976/2 "2002-11-16T03:05:19Z")

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It appears to be a misunderstanding of something from an additional protocol to the original Geneva Conventions. Article 42 of the [Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol 1)](http://www.unhchr.ch/html/menu3/b/93.htm) states:

> [@](#):
>
> 1. No person parachuting from an aircraft in distress shall be made the object of attack during his descent.
> 
> 2. Upon reaching the ground in territory controlled by an adverse Party, a person who has parachuted from an aircraft in distress shall be given an opportunity to surrender before being made the object of attack, unless it is apparent that he is engaging in a hostile act.
> 
> 3. Airborne troops are not protected by this Article.

So, according to this treaty, you aren’t supposed to shoot at pilots bailing out of shot-down aircraft, but paratroopers in the air are fair game. (I believe the U.S. still has not ratified the two additional Geneva protocols from the 1970s, as opposed to the four original conventions of 1949.)

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**Author:** ![Daylon](https://avatars.discourse-cdn.com/v4/letter/d/45deac/32.png) [@Daylon](https://boards.straightdope.com/u/Daylon)\
**Post date:** [November 16, 2002, 1:49pm UTC](https://boards.straightdope.com/t/in-war-are-there-rules-against-shooting-down-paratroopers/136976/3 "2002-11-16T13:49:16Z")

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Hell with that…if I’m at war and I have a bunch of slow moving enemy in front of me…they’re toast… no questions asked.

just my opinion…

D.

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**Author:** ![Mac\_Guffin](https://avatars.discourse-cdn.com/v4/letter/m/2bfe46/32.png) [@Mac\_Guffin](https://boards.straightdope.com/u/Mac_Guffin)\
**Post date:** [November 16, 2002, 3:37pm UTC](https://boards.straightdope.com/t/in-war-are-there-rules-against-shooting-down-paratroopers/136976/4 "2002-11-16T15:37:49Z")

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If I recall correctly from my Air Force days, if a downed pilot started shooting at you (most carry sidearms) while still aloft parachuting, then he was fair game as well. Paratroopers were always targets.

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**Author:** ![cornflakes](https://avatars.discourse-cdn.com/v4/letter/c/9d8465/32.png) [@cornflakes](https://boards.straightdope.com/u/cornflakes)\
**Post date:** [November 16, 2002, 4:04pm UTC](https://boards.straightdope.com/t/in-war-are-there-rules-against-shooting-down-paratroopers/136976/5 "2002-11-16T16:04:03Z")

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When this was discussed a while back someone explained that paratroopers can be killed because they are jumping into combat. Downed pilots are jumping out of combat.

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**Author:** ![starfish](https://avatars.discourse-cdn.com/v4/letter/s/87869e/32.png) [@starfish](https://boards.straightdope.com/u/starfish)\
**Post date:** [November 16, 2002, 5:48pm UTC](https://boards.straightdope.com/t/in-war-are-there-rules-against-shooting-down-paratroopers/136976/6 "2002-11-16T17:48:49Z")

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**cornflakes** is correct. Consider an invasion from sea, you don’t have to wait for the troops to reach land before you shoot.

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**Author:** ![Barks\_dog\_food](https://avatars.discourse-cdn.com/v4/letter/b/c68b51/32.png) [@Barks\_dog\_food](https://boards.straightdope.com/u/Barks_dog_food)\
**Post date:** [November 16, 2002, 7:11pm UTC](https://boards.straightdope.com/t/in-war-are-there-rules-against-shooting-down-paratroopers/136976/7 "2002-11-16T19:11:07Z")

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I just reacently saw a discussion about shooting at pilots in parachutes. Someone reasoned that if the pilot was landing on his own side of the lines it was OK to shoot at him because he wasn’t surrendering and if he lived he would get a new plane and fight tomorrow.

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**Author:** ![Slugworth](https://avatars.discourse-cdn.com/v4/letter/s/4bbf92/32.png) [@Slugworth](https://boards.straightdope.com/u/Slugworth)\
**Post date:** [November 16, 2002, 8:25pm UTC](https://boards.straightdope.com/t/in-war-are-there-rules-against-shooting-down-paratroopers/136976/8 "2002-11-16T20:25:47Z")

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There was a documentary on the other day, where a WWII vet recalled a time he saw a german pilot shooting guys who had ejected from their planes. He got really pissed, surgically took out the german’s plane, giving him time to eject, and then put almost all his remaining ammo into him as he parachuted down. So, it was definitely _not_ the thing to do, at least back then. Unless you _wanted_ someone to get mad at you, and then shred your body beyond all recognition with 6, 50 cal guns.

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**Author:** ![Liberal](https://avatars.discourse-cdn.com/v4/letter/l/848f3c/32.png) [@Liberal](https://boards.straightdope.com/u/Liberal)\
**Post date:** [November 16, 2002, 11:37pm UTC](https://boards.straightdope.com/t/in-war-are-there-rules-against-shooting-down-paratroopers/136976/9 "2002-11-16T23:37:54Z")

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How do you which is which between a pilot and a paratrooper? Do they wear orange “Paratrooper” blazers or something?

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**Author:** ![Jaakko](https://avatars.discourse-cdn.com/v4/letter/j/a9adbd/32.png) [@Jaakko](https://boards.straightdope.com/u/Jaakko)\
**Post date:** [November 17, 2002, 12:32am UTC](https://boards.straightdope.com/t/in-war-are-there-rules-against-shooting-down-paratroopers/136976/10 "2002-11-17T00:32:04Z")

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There’s surprisingly much shooting down of bailed out pilots between US and German pilots. I wonder how it got started.

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**Author:** ![FSimons](https://avatars.discourse-cdn.com/v4/letter/f/f04885/32.png) [@FSimons](https://boards.straightdope.com/u/FSimons)\
**Post date:** [November 17, 2002, 3:43am UTC](https://boards.straightdope.com/t/in-war-are-there-rules-against-shooting-down-paratroopers/136976/11 "2002-11-17T03:43:54Z")

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The thing was, in WW2 the situation hadn’t really been anticipated, and wasn’t covered by the Geneva Conventions, so authorities kind of winged it.  
The general idea that people came up with, was that pilots parachuting over enemy territory would be going to almost-certain captivity, so shouldn’t be shot at; while pilots parachuting over their own territory would be returning to the fight the next day, if not sooner, and so were fair game.

How it actually worked out, over Germany at least, was that American fliers were instructed to shoot at German pilots, but most of them didn’t. German pilots weren’t really supposed to be shooting at American fliers, but a lot of them did so, anyway.

After the war, it was decided that, regardless of which territory they were over; pilots bailing out their aircraft were no longer in the fight, no longer capable of “offering meaningful resistance” and not able to defend themselves; therefore they should not be shot at. MEBuckner’s got the details.

Paratroopers are a completely different matter, you don’t have to wait until they reach the ground, you can open up on them with everything you’ve got as soon as you see them.

Libertarian, in real life it’s not that hard to tell the difference: Pilots show up when there’s aerial fighting going on, one at a time or sometimes in pairs or trios (gunfire, missiles, and the nearby presence of burning, crashing airplanes are also diagnostic).  
Paratroopers come in great big thundering groups, all at once from those big, low-flying transport-type aircraft. As far as that goes, they use different kinds of parachutes, too.  
The only time you’re going to have a hard time telling the difference is if you shoot down a paratroop transport, and the pilots have to bail out. Then they take their chances along with the paratroopers.

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**Author:** ![Garfield226](https://avatars.discourse-cdn.com/v4/letter/g/9e8a1a/32.png) [@Garfield226](https://boards.straightdope.com/u/Garfield226)\
**Post date:** [November 17, 2002, 4:12am UTC](https://boards.straightdope.com/t/in-war-are-there-rules-against-shooting-down-paratroopers/136976/12 "2002-11-17T04:12:57Z")

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> [@](#):
>
> \*Originally posted by FSimons \*  
> \*\*The only time you’re going to have a hard time telling the difference is if you shoot down a paratroop transport, and the pilots have to bail out. Then they take their chances along with the paratroopers. \*\*

That makes for quite an amusing visual in my mind, let me tell you…
