Oh how I laugh. I've been involved in airspace for over 30 years. I've worked in the CAA (DAP) holding responsibility for the coordination of non-standard and unusual aerial activity within the UK FIRs, sat in Europe helping formulate SES, FUA, FABs etc, held numerous operating endorsements as a controller, instructor and examiner and, in my spare time, hold an ATPL plying my wares across Europe and the Middle East.
I'm fully au-fait with ICAO airspace classifications and the international law surrounding the various rules of the air. I'm also well up-to-speed with regards to safety management and how to mitigate activities such as erroneous and un-coordinated activity within CAS.
For the last time ICAO only applies to civil aircraft.
Now, please accept that you are wrong, wipe away the tears and move on.
This is not about whether ICAO applies to the military or not. This is about safety. Picture this, with you ATPL, hat on. Your flying your B777 or whatever it is. You contact ATC for an ATC Control service. There you are at FL330 and suddenly, from no where, at big fat effing Bear plows across your nose causing you to take avoiding action. With you heart beating faster than the turbanfan is rotating you speak to the air traffic controller and declare that you have just had a raging airmiss with a nuclear equipped Tu 95 over Lands End.
The TCAS on the aeroplane did not work because the Tu 95 was primary only. ATC did not see the bear on their radar because it was primary only.
The Americans, the Germans, the French, the Turkish, the Spanish etc etc, fly their mil aircraft through our airspace and comply with the rules, whether it is talking to a civil or a military controller.
So, NO, I cannot accept that I am wrong when it comes to safety, those Russians and you are taking the моча!!
Finally, it was very brave of you to admit that you once worked for the CAA (DAP). The way the CAA are dealing with the new Standardised European Rules of the Air (SERA) is utterly shambolic!
PS how do the CAA (You) mitigate activities such as erroneous and un-coordinated activity within CAS? Please let us all know! It would make very interesting reading.