NCJ Number
62596
Journal
INTERNATIONAL COMMISSION OF JURISTS REVIEW Volume: 6 Dated: (APRILJUNE 1971) Pages: 38-45
Date Published
1971
Length
8 pages
Annotation
PROVISIONS OF THE CONVENTION FOR THE SUPPRESSION OF UNLAWFUL SEIZURE OF AIRCRAFT ARE DESCRIBED AS THEY WERE ADOPTED AT THE HAGUE IN 1970.
Abstract
THE HAGUE CONFERENCE WAS ATTENDED BY REPRESENTATIVES OF 77 STATES, 50 OF WHOM SIGNED THE CONVENTION IN DECEMBER. THE PURPOSE OF THE CONVENTION IS TO PROVIDE A LEGAL FRAMEWORK TO ENSURE THAT HIJACKERS DO NOT GO UNPUNISHED. UNDER ITS ARTICLES, STATES AGREE THAT HIJACKING IS AN OFFENSE PUNISHABLE BY SEVERE PENALITIES AND THAT THOSE STATES HAVING THE GREATEST INCENTIVE TO PROSECUTE SHOULD HAVE JURISDICTION OVER THE OFFENSE. MOREOVER, EACH CONTRACTING STATE IN WHOSE TERRITORY A HIJACKER IS PRESENT IS OBLIGATED TO ARREST THE OFFENDER IF CIRCUMSTANCES MERIT ARREST. STATES HOLDING HIJACKERS MUST EITHER EXTRADITE THEM OR SUBMIT THEIR CASES TO THE STATES' AUTHORITIES FOR PROSECUTION. HIJACKING MUST ALWAYS BE TREATED AS AN 'ORDINARY' (THOUGH SERIOUS OFFENSE ACCORDING TO THE CONVENTION AND STATES MUST MAKE NO INITIAL EXCEPTIONS FOR 'POLITICAL' OFFENDERS. FINALLY, STATES MUST RECOGNIZE HIJACKING AS AN EXTRADITABLE OFFENSE AND INCLUDE THIS CONDITION IN FUTURE EXTRADITION TREATIES. FOR THIS PURPOSE, THE OFFENSE IS TREATED AS HAVING BEEN COMMITTED NOT ONLY IN THE PLACE WHERE IT OCCURRED BUT ALSO IN THE TERRITORY OF THE STATE OF REGISTRATION OF THE HIJACKED AIRCRAFT, THE STATE OF LANDING, AND THE STATE OF THE LESSEE. CONTROVERSIAL POSITIONS AND ANCILLIARY PROVISIONS ARE ALSO EXPLAINED. NO REFERENCES ARE INCLUDED. (WJR)