NCJ Number
64309
Journal
Israel Law Review Volume: 7 Issue: 2 Dated: (APRIL 1972) Pages: 195-206
Date Published
1972
Length
12 pages
Annotation
AN EXAMINATION OF ARTICLE 4 OF THE HAGUE CONVENTION FOR THE SUPPRESSION OF UNLAWFUL SEIZURE OF AIRCRAFT POINTS OUT THE CONFUSED ESTABLISHMENT OF JURISDICTION CREATED BY THE ARTICLE AND SUGGESTS REVISIONS.
Abstract
AS IT STANDS, ARTICLE 4 SETS UP A DOUBLE-TIERED STRUCTURE OF JURISDICTION, COMPLEMENTED BY A SAVING CLAUSE. IT GIVES PREFERRED JURISDICTIONAL STATUS TO THREE STATES: (1) THE STATE IN WHICH THE AIRCRAFT LANDS, (2) THE STATE IN WHICH THE AIRCRAFT IS REGISTERED, AND (3) THE STATE IN WHICH THE OPERATOR IS REGISTERED IN THE EVENT OF A LEASED AIRCRAFT. IT ALSO EMPOWERS ANY OTHER STATE IN WHICH THE OFFENDER IS PRESENT TO EXERCISE JURISDICTION IF IT DOES NOT EXTRADITE THE HIJACKER, AND IT PROVIDES A SAVING CLAUSE GUARANTEEING ANY OTHER STATE THE RIGHT TO JURISDICTION IF ITS NATIONAL CRIMINAL LAW SO DECREES. THE ARTICLE COULD HAVE BASED JURISDICTION SIMPLY AND DIRECTLY ON THE UNIVERSALITY PRINCIPLE ALLOWING ANY STATE SUCCESSFULLY APPREHENDING THE OFFENDER TO HAVE CRIMINAL JURISDICTION. INSTEAD, IT CONSIDERS SOME STATES MORE EQUAL IN TERMS OF JURISDICTION THAN OTHERS. IT OMITS THE STATE IN WHICH THE OFFENSE IS COMMITTED AND THE STATE OF OFFENDER'S NATIONALITY FROM THOSE WITH PREFERRED JURISDICTION. THE ARTICLE SHOULD BE FURTHER AMENDED TO GIVE PREFERRED JURISDICTIONAL STATUS TO ONLY ONE STATE, THAT IN WHICH THE AIRCRAFT IS REGISTERED, AND TO APPLY STRAIGHTFORWARDLY THE UNIVERSALITY PRINCIPLE, EMPHASIZING THE NEED FOR THE OFFENDERS' EXTRADITION. THE SAVING CLAUSE SHOULD BE DELETED. FOOTNOTES ARE PROVIDED. (DAG)