It's not quite the right question to ask. The government is going to destroy whatever it wants to in the air, and there's only ever gonna be potential consequen

It's not quite the right question to ask. The government is going to destroy whatever it wants to in the air, and there's only ever gonna be potential consequences (of a diplomatic nature) if it accidentally results in the injury/death of an innocent party. The Supreme Court is not going to intervene here in matters of military discretion, and no one is going to be able to sue here over this.