The point being made here is one about military capabilities rather than legality. If you really have a fleet of drones guarding your airspace (which implies a

The point being made here is one about military capabilities rather than legality. If you really have a fleet of drones guarding your airspace (which implies a technology & industrial level more than anyone has publicly announced, but then, if I owned a fleet of drones I probably wouldn't announce it either), you kinda get to make the laws by virtue of being able to kill anyone who disagrees with you. So yes, you could shoot down a Delta flight at 30k feet, but the more relevant technological capability is being able to drive one of your expendable drones into the jet intake of an F-16.