NCJ Number
62563
Journal
LAWYER OF THE AMERICAS Volume: 4 Dated: (1972) Pages: 460-473
Date Published
1972
Length
14 pages
Annotation
ACTIONS TAKEN BY THE INTERNATIONAL COMMUNITY TO COMBAT AIRCRAFT HIJACKING ARE REVIEWED, AND RECOMMENDATIONS FOR FURTHER NECESSARY STEPS AGAINST HIJACKING ARE CONSIDERED.
Abstract
HIJACKING HAS A SPECIAL IMPACT ON THE INTERNATIONAL COMMUNITY BECAUSE IT COMPELS INVOLVEMENT IN POLITICAL SITUATIONS OUTSIDE THE BORDERS OF ANY INDIVIDUAL COUNTRY. A REVIEW BY THE INTER-AMERICAN BAR ASSOCIATION OF THE MEASURES TAKEN AGAINST HIJACKING INDICATES THAT SOUTH AMERICA HAS A HISTORY OF AIR PIRACY DATING FROM 1930, AND AUTHORITIES HAVE USED EXTRADITION TREATIES AND INTERNATIONAL AGREEMENTS TO PREVENT ITS OCCURRENCE. SIGNIFICANTLY, A DROP IN THE RATE OF HIJACKING OCCURRED IN 1971, COINCIDING WITH THE ACTIVITIES OF THE INTERNATIONAL COMMUNITY IN COMBATING THIS CRIME. THE HAGUE CONVENTION OF 1970 SUPPLEMENTS PREVIOUS AGREEMENTS BY REQUIRING SIGNATORIES TO MAKE HIJACKING A SEVERELY PUNISHED OFFENSE AND BY PROVIDING FOR EXTRADITION OR PROSECUTION OF ALL HIJACKERS. ALTHOUGH EXTRADITION IS NOT COMPULSORY UNDER THE HAGUE CONVENTION, EVEN OFFENDERS SEEKING POLITICAL ASYLUM MUST BE PRESENTED BEFORE COMPETENT AUTHORITIES FOR PROSECUTION. THE MULTILATERAL CONVENTIONS CREATE A LEGAL SYSTEM WHICH SHOULD CONTRIBUTE TO ENDING THE SCOURGE OF HIJACKING AND AIRCRAFT SABOTAGE, AND IF ENOUGH STATES PARTICIPATE IN SUCH AGREEMENTS, THERE WILL NO LONGER BE THE SAFE HAVENS FOR OFFENDERS. POSSIBLE CONCERTED ACTION BY THE INTERNATIONAL COMMUNITY MAY BE REQUIRED TO ENCOURAGE STATES TO DEAL EFFECTIVELY WITH HIJACKERS WITHIN THEIR TERRITORY. TABULAR DATA INDICATE THE WORLDWIDE REPORTED HIJACKING ATTEMPTS FROM 1930 TO 1972. FOOTNOTES ARE PROVIDED. (TWK)