The legal challenge there is that although the policy decision to arm those aircraft with cluster munitions would be that of another state, once that aircraft shows up the pilot would likely be in communication with the individual on the ground and would be given the choice to authorize the strike or receive no strike. Therefore, that would invariably be seen as potentially assisting or encouraging or inducing the use of cluster munitions. That is one of the scenarios we used in negotiations as a rationale for article 21. That is why you see that protected in clause 11 as well.
