NCJ Number
63298
Date Published
1963
Length
22 pages
Annotation
THIS EXAMINATION OF A DRAFT CONVENTION TO SET INTERNATIONAL RULES FOR DEALING WITH OFFENSES COMMITTED ON BOARD AIRCRAFT IN INTERNATIONAL FLIGHT CONCLUDES THAT THE CONVENTION WILL BENEFIT ALL PARTIES CONCERNED.
Abstract
THE CURRENT LACK OF UNIFORM INTERNATIONAL RULES CREATES NUMEROUS CONFLICTS OF JURISDICTION AND AUTHORITY DUE TO DISPARATE NATIONAL LAWS. THE DRAFT CONVENTION, DEVELOPED IN ROME, ITALY, BY THE LEGAL COMMITTEE OF THE INTERNATIONAL CIVIL AVIATION ORGANIZATION, ADDRESSES THESE PROBLEMS. THE CONVENTION WOULD APPLY IF THE AIRCRAFT IS IN CERTAIN GEOGRAPHIC LOCATIONS. IT STIPULATES THAT THE AIRCRAFT'S STATE OF REGISTRATION HAS JURISDICTION OVER OFFENSES AGAINST PENAL LAW COMMITTED IN THE AIRCRAFT, PROVIDES FOR CASES OF SEIZURE BY VIOLENCE (HIJACKING), AND GIVES THE AIRCRAFT COMMANDER EXTENSIVE POWERS TO ACT WHEN SAFETY OR ORDER ARE AT STAKE. IN ADDITION, THE CONVENTION MANDATES THAT OTHER STATES MUST NOT DELAY OR INTERFERE WITH THE AIRCRAFT IN ORDER TO EXERCISE THEIR CRIMINAL JURISDICTION, EXCEPT IN CERTAIN CASES. FINALLY, OFFENSES COMMITTED ON BOARD AIRCRAFT ARE TREATED AS THOUGH THEY HAD OCCURRED IN THE STATE OF REGISTRATION. THE CONVENTION APPLIES ONLY TO CIVIL AIRCRAFT. IT DOES NOT DEFINE THE TERM 'OFFENSES' BECAUSE SUCH A DEFINITION WAS THOUGHT TO SERVE NO USEFUL PURPOSE, AND IT DOES NOT OBLIGATE A STATE TO GRANT EXTRADITION: EXTRADITION IS GOVERNED BY EACH STATE'S EXISTING NATIONAL LAWS AND TREATIES. ALTHOUGH IMPERFECT, THE CONVENTION SHOULD SOLVE MANY OF THE PROBLEMS WITHIN ITS SCOPE. COMPARISONS WITH THE 1959 MUNICH CONVENTION ARE MADE; THE CONVENTION'S PHILOSOPHY AND OTHER ISSUES ARE EXAMINED. FOOTNOTES WITH REFERENCES ARE INCLUDED. (CFW)