Legal Considerations
The Hague Conventions, which address the codes of wartime conduct on land and at sea, were adopted before the rise of air power. Despite repeated diplomatic attempts to update international humanitarian law to include aerial warfare, it was not updated before the outbreak of World War II. The absence of specific international humanitarian law did not mean aerial warfare was not covered under the laws of war, but rather that there was no general agreement of how to interpret those laws.
Read more about this topic: Strategic Bombing During World War II
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“It has come to this, that the friends of liberty, the friends of the slave, have shuddered when they have understood that his fate was left to the legal tribunals of the country to be decided. Free men have no faith that justice will be awarded in such a case.”
—Henry David Thoreau (1817–1862)