GOING SOUTH - AIR PIRACY AND UNLAWFUL INTERFERENCE WITH AIR COMMERCE

• NCJ Number: 62763
• Journal: International Lawyer Volume: 4 Issue: 3 Dated: (APRIL 1970) Pages: 433-443
• Author(s): J E STEPHEN
• Date Published: 1970
• Length: 11 pages
• Corporate Author: American Bar Association
• Publication Format: Article
• Language: English
• Country: United States of America
• Note: ADDRESS DELIVERED BEFORE A JOINT SESSION OF THE SECTION OF INTERNATIONAL AND COMPARATIVE LAW AND THE STANDING COMMITTEE ON AERONAUTICAL LAW AT THE ANNUAL MEETING OF THE AMERICAN BAR ASSOCIATION AT DALLAS, TEXAS, ON AUGUST 13, 1969

Annotation

THE COMMON FEATURES OF HIJACKING, THE DIFFICULTIES IN APPREHENDING AND PROSECUTING OFFENDERS, AND POSSIBLE REMEDIES UNDER INTERNATIONAL LAW ARE EXPLAINED IN A SPEECH TO THE AMERICAN BAR ASSOCIATION.

Abstract

THE PROBLEM OF AIR HIJACKING IS MADE MORE DIFFICULT BECAUSE OF THE LACK OF PATTERN TO THE OFFENSES. THREE COMMON ELEMENTS, HOWEVER, ARE DETECTABLE: (1) MOST U.S. HIJACKINGS ARE TO CUBA; (2) MOST HAVE BEEN CYCLICAL; AND (3) MOST HAVE BEEN COMMITTED BY JUVENILES OR MENTALLY DISTURBED PERSONS. THE MAJOR DIFFICULTY WITH APPLYING EXISTING CRIMINAL LAW TO AIRCRAFT IS IN OBTAINING JURISDICTION, PRIMARILY BECAUSE THE STATE OVER WHICH THE CRIME WAS CCOMMITTED WAS NOT THE STATE IN WHICH THE AIRCRAFT LANDS. OTHER DIFFICULTIES IN BRINGING HIJACKERS INCLUDE SUSPENDED DIPLOMATIC RELATIONS BETWEEN THE UNITED STATES AND CUBA, WHICH THWARTS EXTRADITION; THE POLITICAL NATURE OF THE OFFENSE IN CUBA'S EYES; AND THE LACK OF RATIFICATION BY EITHER CUBA OR THE UNITED STATES OF THE TOKYO CRIMES CONVENTION, WHICH REQUIRES ANY PARTY TO RETURN A HIJACKER TO THE STATE OF REGISTRATION OF THE HIJACKED AIRCRAFT. THE ADDRESS ALSO DISCUSSES THE DEATH PENALTY AS A DETERRENT TO HIJACKING, AND THE CONSTITUTIONAL QUESTION ON WAIVING THE PENALTY ONLY IN CERTAIN CASES. THE QUESTION OF COOPERATIVE INTERNATIONAL ACTION AGAINST AIR PIRACY IS ALSO DISCUSSED, PARTICULARLY THE UNITED NATIONS AUTHORITY TO BRAND AN ACT AS AN 'INTERNATIONAL CRIME.' ACTIVITIES OF THE UNITED NATIONS, THE INTERNATIONAL CIVIL AIR ORGANIZATION, AND THE INTERNATIONAL FEDERATION OF AIR LINE PILOTS ASSOCIATIONS (IFALPA) ARE DISCUSSED. IFALPA, REPRESENTING 44,000 PERSONS IN 54 COUNTRIES, HAS ADOPTED A RESOLUTION THREATENING WORLDWIDE BOYCOTTS AND GLOBAL STRKIES AGAINST STATES WHICH FAIL TO PREVENT OR PUNISH HIJACKING. THE PRINCIPAL DEFICIENCY IS THAT ONLY FOUR COUNTRIES, SPAIN, MEXICO, CZECHOSLOVAKIA, AND THE SOVIET UNION FLY INTO CUBA. THE 1958 CONVENTION ON THE HIGH SEAS IS ALSO CITED AS A LEGAL BASIS FOR THE RETURN OF HIJACKERS, BUT THIS HAS NOT BEEN RATIFIED BY CUBA. THE ADDRESS CONCLUDES WITH A PLEA FOR DIPLOMATIC AND POLITICAL SOLUTIONS. (RFC)