NCJ Number
62712
Journal
William and Mary Law Review Volume: 10 Issue: 4 Dated: (SPRING 1969) Pages: 820-873
Date Published
1969
Length
54 pages
Annotation
AIRCRAFT PIRACY ACTIVITIES, PARTICULARLY THOSE AFFECTING THE UNITED STATES AND CUBA, ARE DISCUSSED IN THIS 1969 ARTICLE; NECESSITY FOR RATIFICATION OF THE TOKYO CONVENTION BY THESE TWO COUNTRIES IS STRESSED.
Abstract
THERE WERE 21 AIRCRAFT PIRACIES TO HAVANA IN 1968, AND HIJACKING ACTIVITY IN EARLY 1969 INDICATES THAT NEW RECORDS WILL BE ESTABLISHED. EFFECTIVE COUNTEREFFORTS ARE FRUSTRATED BY DUE PROCESS STANDARDS, THE COMPLICATIONS OF COLD WAR NUANCES, AND CURRENT MORES WHICH PROHIBIT EXECUTION OF HIJACKERS AT THE SCENE. REMEDY BY INTERNATIONAL CONVENTION WILL REMAIN FRUSTRATED SO LONG AS EITHER THE UNITED STATES OR CUBA REFUSES TO RATIFY THE TOKYO CONVENTION, A PROTOCOL TO THE CONVENTION, AND AN EFFECTIVE EXTRADITION TREATY. AN OFFENSE COMMITTED IN THE AIR DOES NOT COME WITHIN THE JURISDICTION OF THE PRESENT 'PIRACY AS DEFINED BY THE LAW OF NATIONS' STATUTE BECAUSE IT DOES NOT OCCUR 'ON THE HIGH SEAS.' FEDERAL AVIATION ACT AMENDMENTS OF 1961, AS WELL AS EXISTING EXTRADITION TREATIES, ARE INSUFFICIENT TO ALLOW PROSECUTION OF MANY AIRCRAFT PIRACIES. PRIMARY PREVENTIVE MEASURES COULD INCLUDE USE OF X-RAY, RADAR, ELECTROMAGNETIC DETECTORS, AND ISOTOPE TRACERS FOR INVESTIGATING POSSESSIONS OF BOARDING PASSANGERS. ONCE PASSENGERS ARE ABOARD, THERE IS ALMOST NO DETERRENT TO THE SKYJACKER; CREWS ARE INSTRUCTED TO COMPLY WITH DEMANDS. AIRCRAFT PIRACY AND OTHER CRIMES OF A PREDOMINANTLY MULTINATIONAL CHARACTER WILL CONTINUE TO PRODUCE UNSOLVABLE LEGAL PROBLEMS UNTIL SUCH ACTIVITIES ARE DEFINED AS CRIMINAL IN TERMS CLEAR ENOUGH TO WITHSTAND THE ATTACKS OF ASTUTE DEFENSE LAWYERS AND UNTIL APPROPRIATE PUNITIVE REMEDIES ARE ESTABLISHED. FOOTNOTES ARE INCLUDED IN THE ARTICLE. (LWM)