I'm writing a story about a pilot in the Austrian air force, who uses his Eurofighter jet to prevent illegal immigrants from going over the border by flying over them at a low altitude. As far as I know this creates noise and could scare the people off (prevent them from illegally entering Austria). Most of the time, the effects of this are non-lethal. There are controversial views on whether or not such maneuvers cause permanent damage to the ears.
What legal consequences would this pilot face, if he
- used a military aircraft (without weapons) in the way discussed above
- without asking permission of his superiors
Let's assume he didn't fly over the border, so there is no international conflict and there are no casualties among the people he flew over. After the act he returns to his airport and the aircraft is not damaged.
Would such person get imprisoned? If yes, what can he be charged with?