IN-FLIGHT CRIME AND UNITED STATES LEGISLATION

• NCJ Number: 64108
• Journal: American Journal of International Law Volume: 67 Issue: 1 Dated: (APRIL 1973) Pages: 306-313
• Author(s): D J LISSITZYN
• Date Published: 1973
• Length: 8 pages
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

EXTENSION OF U.S. LAW DEFINING JURISDICTION OVER IN-FLIGHT CRIME AND ADDITIONAL LEGISLATIVE REQUIREMENTS ARE SUMMARIZED.

Abstract

'AN ACT TO IMPLEMENT THE CONVENTION OF OFFENSES AND CERTAIN OTHER ACTS COMMITTED ON BOARD AIRCRAFT, AND FOR OTHER PURPOSES,' APPROVED IN OCTOBER 1970, CHANGES U.S. JURISDICTIONAL LAW AND HAS IMPLICATIONS FOR THE INTERNATIONAL LAW OF CRIMINAL JURISDICTION. THIS EDITORIAL COMMENT ON CURRENT (1973) AND PROPOSED LEGISLATION SUMMARIZES THE UNITED STATES LAW, THE EXTENT OF JURISDICTION, AREAS OF COMPLIANCE WITH THE TOKYO CONVENTION, AND THE NEED FOR ADDITIONAL LEGISLATION. UP TO 1950, THERE WAS NO FEDERAL STATUTORY LAW SPECIFICALLY APPLICABLE TO ORDINARY CRIME COMMITTED ON BOARD AIRCRAFT. SINCE THAT TIME, THE U.S. HAS EXTENDED ITS CRIMINAL JURISDICTION AND HAS MADE AIR PIRACY (HIJACKING) A FEDERAL OFFENSE. LATER LEGISLATION IS DESCRIBED, ESPECIALLY THAT ENABLING THE U.S. TO COMPLY WITH THE TOKYO CONVENTION. FEDERAL JURISDICTION IS ESTABLISHED OVER ENNUMERATED OFFENSES COMMITTED ON BOARD ANY AIRCRAFT IN FLIGHT WITHIN THE U.S. ON BOARD ANY CIVIL OR MILITARY AIRCRAFT OF THE UNITED STATES ANYWHERE IN FLIGHT, AND ON ANY AIRCRAFT WHICH HAS THE UNITED STATES AS ITS NEXT SCHEDULED DESTINATION AND ACTUALLY LANDS THERE, OR WHICH HAS DIRECTLY DEPARTED FROM THE U.S. THE PLACE OF FIRST LANDING AS A BASIS FOR JURISDICTION IS NOVEL FOR THE U.S. A COMPARISON OF TOKYO CONVENTION PROVISIONS WITH 1952 AND 1970 LEGISLATION SHOWS THAT IN SEVERAL POSSIBLE SITUATIONS THE UNITED STATES MAY BE UNABLE TO COMPLY WITH CONVENTION REQUIREMENTS. LEGISLATION BEFORE CONGRESS, IF PASSED, WOULD REMEDY THIS SITUATION AND WOULD ALSO MAKE SOME CHANGES WITH REGARD: (1) EXPANSION OF JURISDICTION BEYOND THE TRADITIONAL BASES OF JURISDICTION BY INCLUDING FOREIGN AIRCRAFT LEASED WITHOUT CREWS TO PERSONS OTHER THAN U.S. NATIONALS IF THEIR PRINCIPAL PLACE OF BUSINESS OR PERMANENT RESIDENCE IS THE U.S. AND (2) EXPANSION OF THE DEFINITION OF AIRCRAFT 'IN FLIGHT'. FOOTNOTES ARE INCLUDED. (RFC).