NCJ Number
62767
Journal
BRITISH YEARBOOK OF INTERNATIONAL LAW Volume: 42 Dated: (1967) Pages: 271-277
Date Published
1967
Length
7 pages
Annotation
THIS ARTICLE OUTLINES THE MAJOR PROVISIONS OF THE TOKYO CONVENTION ACT OF 1967, INCLUDING THE LEGAL POSITION REGARDING CRIMES COMMITTED ON AIRCRAFT, DUTIES OF COMMANDER AND CREW, AND DISEMBARKATION.
Abstract
DISCUSSION OF THE LEGAL POSITION INCLUDES STATE EXERCISE OF JURISDICTION; THE PRINCIPLE OF NON BIS IN IDEM WHICH PROTECTS AGAINST DOUBLE JEOPARDY; CONSENT REQUIRED FOR PROSECUTION; DEFINITION OF BRITISH-CONTROLLED AIRCRAFT AND THE TERM 'IN FLIGHT'; AND PROVISIONS COVERING JOINT AIR TRANSPORT ORGANIZATIONS OR INTERNATIONAL OPERATING AGENCIES. SPECIAL SIMPLIFIED RULES OF EVIDENCE CONCERNING WITNESS DEPOSITION ADMISSIBILITY, AND ADMISSIBILITY OF CERTAIN DOCUMENTARY EVIDENCE ALSO ARE DISCUSSED. DUTIES AND RESPONSIBILITIES OF THE AIRCRAFT COMMANDER ARE OUTLINED INCLUDING RESTRAINT, DELIVERY TO THE COMPETENT AUTHORITIES AT THE POINT OF DISEMBARKATION, AND NOTIFICATION OF AUTHORITIES. THE APPLICATION OF THE GENEVA CONVENTION ON THE HIGH SEAS OF 1958 TO PIRACY COMMITTED BY OR AGAINST AN AIRCRAFT IS ALSO DESCRIBED. EXTENSIVE FOOTNOTES ARE INCLUDED. (AOP)