INTERNATIONAL CRIMINAL PROSECUTION OF PERSONS CHARGED WITH AN UNLAWFUL SEIZURE OF AIRCRAFT

• NCJ Number: 64324
• Journal: REVUE HELLENIQUE DE DROIT INTERNATIONAL Volume: 23 Issue: NOS 1-4 Dated: (JANUARY-DECEMBER 1970) Pages: 12-37
• Author(s): G B ZOTIADES
• Date Published: 1970
• Length: 26 pages
• Corporate Author: Hellenic Institute of International and Foreign Law
• Publication Format: Article
• Language: English
• Country: Greece

Annotation

THE PROGRESS MADE BY THE HAGUE CONVENTION REGARDING AIRCRAFT HIJACKING IS DOCUMENTED WITH REGARD TO ITS TREATMENT OF THE DEFINITION, JURISDICTION, AND PROSECUTION OF AIRCRAFT HIJACKING.

Abstract

THE TOKYO CONVENTION WAS THE FIRST INTERNATIONAL CONVENTION TO RECOGNIZE THE OFFENSE OF UNLAWFUL SEIZURE OF AIRCRAFT IN FLIGHT, BUT IT DID NOT TREAT THE PROSECUTION OF AIRCRAFT HIJACKING OFFENDERS. THE HAGUE CONVENTION CONSTITUTES THE FIRST INTERNATIONAL RULES SPECIFICALLY DEALING WITH THE PROBLEM OF PROSECUTING AIRCRAFT HIJACKING, DEFINED AS AN ACT BY WHICH ANY PERSON ON BOARD AN AIRCRAFT UNLAWFULLY SEIZES AN AIRCRAFT IN FLIGHT AND CONTROLS ITS FLIGHT AND DESTINATION. IN ADDITION, THE OFFENSE OF HIJACKING ASSUMES UNDER THE HAGUE CONVENTION THE CHARACTER OF AN OFFENSE IN BOTH DOMESTIC AND INTERNATIONAL JURISDICTIONS PRIMARILY BECAUSE OF A PROVISION INTRODUCING UNIVERSAL JURISDICTION; I.E., ANY COUNTY WHERE THE OFFENDER IS FOUND HAS JURISDICTION, IRRESPECTIVE OF WHERE THE OFFENSE WAS COMMITTED AND REGARDLESS OF THE OFFENDER'S NATIONALITY. THE PROSECUTION OF HIJACKERS AS ENVISAGED BY THE HAGUE CONVENTION INVOLVES EITHER PROSECUTING THE OFFENDERS OR EXTRADITING THEM TO ANOTHER COUNTRY DEMANDING THEIR EXTRADITION FOR PURPOSES OF PROSECUTION. HOWEVER, A COUNTRY'S OPTION TO EXTRADITE AN OFFENDER, WHICH IS SUBJECT TO THE CONDITIONS PROVIDED BY THEIR OWN LAW, WEAKENS TO A CERTAIN EXTENT THE EFFORTS FOR AN INTERNATIONALLY EFFECTIVE PROSECUTION AND PUNISHMENT PROCESS OF PERSONS CHARGED WITH AIRCRAFT HIJACKING. ANOTHER WEAK POINT IN THE HAGUE CONVENTION IS ITS LACK OF LEGAL SANCTION IN THE EVENT OF NONCOMPLIANCE; THIS WEAKNESS CAN BE REMEDIED, HOWEVER, THROUGH LINKING BILATERAL AIR AGREEMENTS TO THE INTERNATIONAL CIVIL AVIATION ORGANIZATION CONVENTIONS ON UNLAWFUL INTERFERENCE WITH CIVIL AVIATION. NEVERTHELESS, THE HAGUE CONVENTION REPRESENTS A GREAT STEP FORWARD, PARTICULARLY IF THERE IS ACTIVE INTERNATIONAL COOPERATION. EXTENSIVE NOTES SUPPORT THE TEXT. (MHP)