To say that the civilian deaths from aerial bombardment are unintentional is sophistry, because if there is a probability that the bombs will hit civilian targets, then ipso facto the civilian deaths are not unintentional. This is tantamount to saying that a drunk driver who did not intend to kill someone in an "accident" should be set free for good motives; US law prosecutes drunk drivers regardless of whether they have been in an accident, because it recognizes that drunk driving is an inevitable accident. The same must be said of aerial bombardment. It always already intends to kill civilians, despite the best intentions of the military planners.