NCJ Number
62765
Journal
International Lawyer Volume: 6 Issue: 3 Dated: (JULY 1972) Pages: 642-656
Date Published
1972
Length
15 pages
Annotation
LEGAL MEANS ESTABLISHED BY THE WORLD COMMUNITY TO SOLVE THE PROBLEMS OF DETERRENCE AND PROSECUTION IN AIRCRAFT HIJACKING ARE DESCRIBED.
Abstract
THE DISTINCTION IS MADE BETWEEN AIR HIJACKING AND SEA PIRACY BASED ON ASYLUM AND SITE OF THE CRIME AND ON THE LAWS GOVERNING BOTH CRIMES. THE QUESTION OF STATE SOVEREIGNTY OVER AIR SPACE, AND THE PROPER JURISDICTION OF STATES TO PROSECUTE OFFENDERS, ARE ADDRESSED IN ANALYSES OF THE TOKYO CONVENTION OF 1963 AND THE HAGUE HIJACKING CONVENTION. ALSO DISCUSSED ARE STATE APPLICATIONS OF EXTRADITION LAWS; THE DEFINITION OF AIRCRAFT PIRACY IN THE U.S. FEDERAL AVIATION ACT OF 1964; AND THE NETHERLANDS MUNICIPAL LAW THAT PROVIDES FOR PUNISHMENT OF AIR PIRATES. THE IMPLICATIONS OF EXTRADITION TREATIES THAT REFUSE EXTRADITION FOR POLITICAL CRIMES ARE ALSO CONSIDERED, WITH DESCRIPTION OF THE EXTRADITION PROVISIONS OF THE TOKYO AND HAGUE HIJACKING CONVENTIONS, PRESIDENT NIXON'S SEVEN-POINT PLAN FOR COMBATING HIJACKING, AND THE CONSTITUTIONAL QUESTIONS RAISED BY THE USE OF SUCH SECURITY MEASURES. THE CONCEPT OF AN INTERNATIONAL PRISON AND THE USE OF THE WORLD COURT AS THE FORUM FOR TRYING THE HIJACKER ARE EXAMINED FOLLOWING UNITED NATIONS SECRETARY-GENERAL U THANT'S PROPOSAL. FOOTNOTES ARE INCLUDED. (AOP)