NCJ Number
63299
Date Published
1964
Length
14 pages
Annotation
THE 1963 TOKYO CONVENTION ON OFFENSES AND CERTAIN OTHER ACTS COMMITTED ON BOARD AIRCRAFT IS COMPARED WITH THE 1962 DRAFT CONVENTION; PARTICULAR FOCUS IS ON THE CHANGES MADE IN THE FINAL TEXT.
Abstract
THE TOKYO CONVENTION HAS TWO MAIN GOALS: (1) ENSURING JURISDICTION OF THE AIRCRAFT'S STATE OF REGISTRATION FOR OFFENSES AGAINST PENAL LAW COMMITTED ON BOARD THE AIRCRAFT, AND (2) EMPOWERING THE AIRCRAFT COMMANDER TO TAKE STEPS NECESSARY TO ENSURE THE SAFETY OF THE AIRCRAFT AND ITS PASSENGERS. A MAIN CHANGE FROM THE 1962 DRAFT WAS NARROWING THE CONVENTION'S GEOGRAPHIC SCOPE WITH RESPECT TO POWERS OF THE COMMANDER. IN ADDITION, THESE POWERS NOW APPLY ONLY WHEN THE AIRCRAFT DOORS ARE CLOSED. THE TOKYO CONVENTION ADDED THE WORD 'ACTS' TO THE PHRASE ON 'OFFENSES' IN ORDER TO PROVIDE FOR VIOLATIONS OF U.S. CIVIL LAW. IT ALSO MODIFIED THE DEFINITION OF APPLICABLE AIRCRAFT, THE PROVISION ON JURISDICTION, AND THE PROVISION ON AVOIDANCE BY OTHER COUNTRIES OF INTERFERENCE WITH AN AIRCRAFT IN FLIGHT AFTER AN OFFENSE HAS BEEN COMMITTED. THE LANGUAGE PROTECTING FROM LEGAL ACTION THOSE ACTING TO ENSURE THE AIRCRAFT'S SAFETY WAS BROADENED FROM THE 1962 DRAFT. THE SUBSTANCE OF THE PRIOR HIJACKING PROVISION WAS RETAINED, BUT PROCEDURAL MATERIAL WAS CHANGED. SECTIONS ON STATES' POWERS AND RESPONSIBILITIES WERE EXPANDED. THE FINAL TEXT HAS NO PROVISIONS PREVENTING DOUBLE JEOPARDY OR RELATING TO CASES IN WHICH THE AIRCRAFT COMMANDER'S NATIONAL STATE DIFFERS FROM THE STATE OF REGISTRATION. ALTHOUGH ASSESSMENT OF THE CONVENTION'S EFFECTS IS PREMATURE, IT APPEARS TO BE A POSITIVE CONTRIBUTION TO INTERNATIONAL LAW. FOOTNOTES WHICH INCLUDE REFERENCES ARE INCLUDED. (CFW)