NCJ Number
62974
Journal
NEW YORK LAW FORUM Volume: 16 Issue: 2 Dated: (1970) Pages: 392-419
Date Published
1970
Length
28 pages
Annotation
TWO LAWYERS SURVEY THE BACKGROUND OF AIR PIRACY AND SUGGEST AND ANALYZE POSSIBLE SOLUTIONS TO AIRCRAFT HIJACKING PROBLEMS, WITH EMPHASIS ON PROBLEMS OF EXTRADITION AND INTERNATIONAL LAW.
Abstract
IN 1970, SEVERAL HIJACKINGS ALERTED NATIONS TO THEIR IMPOTENCY IN THE FACE OF INTERNATIONAL TERRORISM DESPITE NEW SECURITY PROCEDURES AND DEVICES. ALTHOUGH EXTRADITION IS GOVERNED EXCLUSIVELY BY TREATY, ONLY ONE OF THE CURRENT U.S. EXTRADITION TREATIES COVERS AIRCRAFT HIJACKING. HIJACKERS COULD BE EXTRADITED FOR OTHER CRIMES, SUCH AS ROBBERY OR KIDNAPPING, WHILE ESCAPING PUNISHMENT FOR HIJACKING. ONCE EXTRADITED, THEY MAY BE PROSECUTED UNDER BOTH FEDERAL AND STATE LAW. HOWEVER, HOSTILITY OR ABSENCE OF DIPLOMATIC RELATIONS BETWEEN COUNTRIES WOULD PREVENT EXTRADITION. POSSIBLE SOLUTIONS TO THE PROBLEM INCLUDE (1) A PILOTS' BOYCOTT; (2) CONTINUATION OF THE U.S. TREATY POLICY; (3) FURTHER USE OF THE 1963 TOKYO CONVENTION; AND (4) A WORLD TRIBUNAL TO IDENTIFY EXTRADITION CASES AND RECOMMEND SENTENCING STANDARDS FOR HIJACKERS, OR ATTEMPT TO PUNISH HIJACKERS. AN AIRLINE BOYCOTT MIGHT SERVE AS AN EFFECTIVE TEMPORARY MEASURE UNTIL EXTRADITION TREATIES HAVE BEEN ADOPTED WORLDWIDE. THE TOKYO CONVENTION DOES NOT CONTAIN EXTRADITION PROCEDURES AND THEREFORE MAKES THE FATE OF HIJACKERS UNCERTAIN. BECAUSE ONLY SWIFT AND CERTAIN RETURN OF THE HIJACKER TO AN APPROPRIATE FORUM WILL STEM THE GROWING HIJACKING PROBLEM, UNIFORM EXTRADITION PROCEDURES, EITHER THROUGH VIABLE TREATIES OR THROUGH AN INTERNATIONAL TRIBUNAL, ARE NEEDED. FOOTNOTES ARE INCLUDED. APPENDIXES CONTAIN THE DISPOSITION OF ALL U.S. HIJACKING CASES FROM 1961 THROUGH 1969, DISPOSITIONS OF SELECTED FOREIGN HIJACKING CASES, AND EXTRADITION TREATIES TO WHICH THE U.S. IS A PARTY. (CFW)