signed by the Commander-in-Chief of the Military Forces, established that “the pilots of Alfa missions (machine gun attacks), Beta (bombardments), Charlie (missiles) […] must remain in radio contact and receive clear instructions, based on easy-to-identify references” to facilitate execution of the mission.”329 221. In addition, it is relevant to note, as did the Superior Court, that the use of explosive weapons launched from an aircraft constitutes an activity that it necessarily categorized as dangerous, and therefore should be executed under strict safety conditions that guarantee that only the selected objective will be harmed.330 222. Furthermore, according to the evidence presented, it could be considered that the designated objective for dropping the cluster bomb was not the place where it ended up falling. Indeed, the State argued that the bomb was directed at a wooded area 500 meters to the north of the village. However, it is also true that the reference that the pilot of the aircraft “Hunter” gave the aircraft “Owl” (the aircraft that executed the launch) does not refer to a precise distance, but merely indicates a “wooded area” that is “nearby” the village, on the right side (to the north) and specifying that they wanted the “cluster bomb” to fall to the west of this “wooded area” (supra para. 197). In addition, as the 12th Criminal Court also noted, a few minutes before the launch, the aircraft pilots indicated that the “wooded area” that was alongside the village began about 70 meters from it. 331 In its answering brief, the State contradicts itself as regards the distance to the selected military objective, because it indicated that “the military actions were directed […] against […] the ‘wooded area’ located 100 meters from Santo Domingo at the nearest point to one kilometer at the furthest.”332 223. The foregoing allows the Court to conclude that the launch instruction was imprecise and, even though it indicated a “wooded area,” it only clarified that it wanted “the cluster bomb” on the western side of it, without specifying at what distance from the village, so that the instruction could have been interpreted either that it was designating a point at 500 meters or at another nearer distance, which could even be 70 meters. Lastly, it is relevant to reiterate what the Superior Court of Bogotá observed when citing the testimony of Captain S.A.C.E, in which he emphasized that if the cluster bomb had been launched at the point indicated by the State (500 meters north of the village), “it would have been catastrophic for the men who were there.”333 224. With regard to the other circumstances surrounding the events of December 13, 1998, the Court considers it relevant to mention that, some minutes before the cluster bomb was dropped, the Colombian Air Force had already committed one error by firing a precision missile on misinterpreting the orders received. In this regard, the conversation recorded by the Skymaster between 9:43 and 9:44 a.m. and cited by the judgment of the 12th Criminal Court is instructive because it reveals “the increasing momentum of the aerial operation” 334 in the moments prior to the launch of the cluster bomb: "Don’t drop it there, don’t drop it there, don’t drop it there, don’t drop it there, Hunter, don’t drop it there […]. On the troops! You’re firing on the troops. That’s what you’re doing; you’re firing on the troops. […] Hunter, Hunter – Dragon. Go on, brother; you had to drop it along the whole highway and I told you to drop it more to the whiskey [west] of the highway, on the wooded area, brother. Ah, you’ve fucked up the soldier. What? You’ve fucked up the soldier! […] You stupid fool […] Hunter dropped it precisely on the highway; all 329 Document NR 16854/CGFM-EMCD3-PO-375, of August 8, 1998, signed by the General Commander of the Military Forces, cited by the 12th Criminal Court of the Trial Circuit of Bogotá D.C. with functions under Law 600 of 2000, First Instance Judgment, Case file 2005-102, September 24, 2009 (evidence file, tome 12, folio 6385). 330 Cf. Superior Court of Bogotá, Criminal Chamber, Judgment of June 15, 2011 (evidence file, tome 20, folio 10797). 331 Cf. Skymaster video of December 13, 1998, 9:53:40 a.m. (evidence file, tome 19, folio 9621). See also: 12th Criminal Court of the Bogotá Circuit. Judgment of September 24, 2009, p. 45 (evidence file, tome 12, folio 6368). 332 Answering brief (merits file, tome 2, folio 500). 333 Superior Court of Bogotá, Criminal Chamber, Judgment of June 15, 2011 (evidence file, tome 20, folio 10783). 334 12th Criminal Court of the Trial Circuit of Bogotá D.C. with functions under Law 600 of 2000, First Instance Judgment, Case file 2005-102, September 24, 2009 (evidence file, tome 12, folio 6367). ‐ 67 ‐