LEGAL PROBLEMS OF HIJACKING AND TAKING OF HOSTAGES (FROM INTERNATIONAL TERRORISM IN THE CONTEMPORARY WORLD, 1978, BY MARIUS LIVINGSTON - SEE NCJ-52737)

• NCJ Number: 52755
• Author(s): I BEKES
• Date Published: 1978
• Length: 8 pages
• Corporate Author: Greenwood Publishing Group
• Publication Format: Document
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS.

Annotation

DIVERSE MOTIVES FOR AND LEGAL PROBLEMS ASSOCIATED WITH THE CRIMINAL ACTS OF HIJACKING AND HOSTAGE-TAKING ARE ADDRESSED.

Abstract

THE POLITICAL QUESTION HAS BEEN RAISED OF WHETHER HIJACKING, KIDNAPPING, OR ASSASSINATION AIMED AT HELPING RATIONAL AND JUSTIFIABLE NATION GOALS SHOULD BE VIEWED AS LEGITIMATE NATIONAL WARS OR STRUGGLES FOR FREEDOM. AS A PHENOMENON, HIJACKING CAN BE DIVIDED INTO TWO CATEGORIES: (1) ATTACKS MADE BY ORGANIZATIONS OF GUERRILLAS; AND (2) ALL OTHER ATTACKS. ACCORDING TO THE HAGUE CONVENTION OF 1970, HIJACKING IS A COMMON, CRIME AND ITS MOTIVE ALLOWS DIFFERENTIATED EVALUATION. THIS CONVENTION, ON THE BASIS OF INTERNATIONAL LAW, REFUSES TO ACCEPT HIJACKING AS A FORM OF POLITICAL AND MILITARY OFFENSIVE. MOTIVES OF HIJACKERS INCLUDE A DEMAND OF RANSOM FOR CAPTURED PASSENGERS AND CREW, AND EXCHANGE OF HOSTAGES FOR POLITICAL PRISONERS CONVICTED OF CIVIL CRIMES, AN EXCHANGE OF HOSTAGES FOR PRISONERS CONVICTED OF POLITICAL CRIMES OR PRISONERS IMPRISONED WITH NO SENTENCE, AN ILLEGAL EMIGRATION BY FORCING A PLANE FROM ONE COUNTRY TO FLY TO ANOTHER, AND AN EXPRESSION OF THE POWER OF AN ILLEGAL POLITICAL OR MILITARY GROUP. EFFECTIVE INTERNATIONAL CONTROL OF HIJACKING CAN BE ACHIEVED IF COUNTRIES DO NOT GIVE RECOGNITION TO ONE OR OR ANOTHER MOTIVE OR TARGET. INTERNATIONAL REGULATIONS REQUIRE THAT COUNTRIES INTRODUCE COMPLEX EQUIPMENT, METHODS, AND PROCEDURES OF CONTROL AT INTERNATIONAL AIRPORTS. THE FIGHT AGAINST HIJACKING IS BASED ON TWO INTERNATIONAL DOCUMENTS, IN ADDITION TO THE HAGUE CONVENTION: CONVENTIONS OF TOKYO (1963), AND CONVENTIONS OF MONTREAL (1971). THE ESTABLISHMENT OF AN INTERNATIONAL CRIMINAL COURT MAY ENCOURAGE COOPERATION AMONG COUNTRIES. IT IS NECESSARY TO CONSIDER CERTAIN CONDITIONS THAT AFFECT THE SUCCESS OF HIJACKING AND KIDNAPPING: PRIOR EXPLORATION OF POSSIBILITIES AND OPPORTUNITIES, SMUGGLING OF NECESSARY INSTRUCTIONS TO FELLOW CONSPIRATORS, SMUGGLING OF ARMS TO A CERTAIN LOCATION, HOSTAGE ORGANIZATION (CATERING, REST, AND GUARDING), ROADS LEADING TO AIRPORTS, AND DETERMINATION OF THE COUNTRY OF LANDING WITHOUT RISKING PUNISHMENT OR EXTRADITION. (DEP)