6.3.2. Operations Not Conducted Under ICAO Procedures
6.3.2.1. Military operational situations may not lend themselves to ICAO flight procedures; e.g., military contingencies, classified missions, politically sensitive missions, routine aircraft carrier operations, and some training activities. Operations not conducted under ICAO flight procedures are conducted under the “due regard” or “operational” prerogative of military aircraft and are subject to one or more of the following conditions:
6.3.2.1.1. Aircraft shall be operated in visual meteorological conditions.
6.3.2.1.2. Aircraft shall be operated within surveillance and radio/satellite
communications of a surface and/or airborne facility.
6.3.2.1.3. Aircraft shall be equipped with airborne radar that is sufficient to
provide separation between themselves, aircraft they may be controlling, and other aircraft.
6.3.2.1.4. Aircraft shall be operated outside controlled airspace (Reference (d), Chapter 2).
6.3.2.2. The above conditions provide for a level of safety equivalent to that normally given by ICAO air traffic control agencies and fulfill U.S. Government obligations under Article 3 of Reference (e), which stipulates that there must be “due regard for the safety of navigation of civil aircraft” when flight is not being conducted under ICAO flight procedures. Essentially, flight under “due regard” or “operational” conditions (i.e., not under ICAO flight procedures) obligates the military aircraft commander to act as his or her own air traffic control and to separate his or her aircraft from all other air traffic.
From:
http://www.dtic.mil/whs/directives/c...df/454001p.pdf
I could tell you more but, well, you know the rest...
