NCJ Number
62718
Journal
Journal of Air Law and Commerce Volume: 37, Dated: (1971) Pages: 211-227
Date Published
1971
Length
17 pages
Annotation
THIS ARTICLE CONTENDS THAT AN INTERNATIONAL COURT SHOULD BE ESTABLISHED TO MINIMIZE POLITICAL FACTORS IN THE LEGAL SYSTEM FOR HANDLING AIRCRAFT HIJACKING.
Abstract
FINDING THE PROPER RELATIONSHIP BETWEEN HIJACKINGS AND THEIR INTERNATIONAL POLITICAL ENVIRONMENT IS A DIFFICULT PROBLEM AGGRAVATED BY THE FACT THAT HIJACKING ITSELF HAS POLITICAL OVERTONES EVEN WHEN NOT PERPETRATED FOR EXPLICIT POLITICAL REASONS. THE CHOICE OF THE HIJACKER'S DESTINATION, FOR INSTANCE, IS A POLITICAL DECISION. ANOTHER PROBLEM CONCERNS LAWFULNESS. HIJACKING IS OSTENSIBLY A CRIMINAL ACT, BUT NO INTERNATIONAL LAW EXISTS TO CONDEMN AND PROSECUTE IT. TO COMPLICATE MATTERS, LAW ENFORCEMENT ITSELF IS INFLUENCED BY THE POLITICS OF THE COUNTRY IT EXISTS TO PROTECT. COUNTRIES' COMMITMENT TO PROSECUTE HIJACKERS VARIES; AT THE HAGUE DIPLOMATIC CONFERENCE IN 1970, AN AMERICAN ATTEMPT TO INCORPORATE AN ABSOLUTE OBLIGATION TO PROSECUTE HIJACKERS INTO THE CONVENTION ENDED IN THE COMPROMISE 'TWENTY-SEVEN NATIONS FORMULA'. THIS FORMULA COMMITS COUNTRIES TO SUBMIT CASES TO COMPETENT AUTHORITIES FOR PURPOSES OF PROSECUTION, BUT DOES NOT OBLIGATE THEM TO PROSECUTE. THE 1937 CONVENTION FOR THE CREATION OF AN INTERNATIONAL CRIMINAL COURT, SIGNED BY 12 EUROPEAN AND 1 NON-EUROPEAN POWER, ESTABLISHES A COURT TO TRY PERSONS ACCUSED OF VIOLATING THE CONVENTION FOR THE PREVENTION AND PUNISHMENT OF TERRORISM. INSTEAD OF PUNISHING THE OFFENSES IN ITS OWN COURTS, A PARTY TO THE CONVENTION MIGHT REMIT AN ACCUSED PERSON TO AN INTERNATIONAL CRIMINAL COURT. THIS NOTION OF AN INTERNATIONAL CRIMINAL COURT TO DEAL WITH HIJACKERS ALONG THE LINES OF THE 1937 CONVENTION MIGHT BE THE BEST RESPONSE TO THE UPSURGE IN HIJACKINGS. (DEP)