NCJ Number
62572
Journal
NAVAL WAR COLLEGE REVIEW Volume: 22 Issue: 1 Dated: (SEPTEMBER 1969) Pages: 86-116
Date Published
1969
Length
35 pages
Annotation
INCIDENTS OF AIRCRAFT HIJACKING IN THE 1960'S ARE ANALYZED, AND THE ADEQUACY OF INTERNATIONAL LAWS AND TECHNICAL MEASURES FOR SUPPRESSING HIJACKING (AS OF 1969) IS ASSESSED.
Abstract
THE ANALYSIS OF 77 HIJACKING INCIDENTS BETWEEN JANUARY 1960 AND JANUARY 1969 LEADS TO THE FOLLOWING CONCLUSIONS: (1) THE INCIDENCE OF HIJACKING INCREASED DURING THIS PERIOD; (2) CUBA WAS THE DESTINATION OF MOST HIJACKERS; (3) ALTHOUGH THE UNITED STATES WAS THE MOST FREQUENT VICTIM, PLANES FROM COLOMBIA, VENEZULA, AND MEXICO WERE ALSO HIJACKED; (4) THERE WAS A TENDENCY AMONG STATES TO GRANT ASYLUM TO HIJACKERS, THEREBY ENCOURAGING FURTHER HIJACKINGS; AND (5) MOST HIJACKERS WERE NOT HOMESICK REFUGEES BUT RATHER ATTENTION SEEKERS AND UNBALANCED PERSONS, MANY OF WHOM HAD FAILED IN AMERICAN SOCIETY AND REGARDED CUBA AS A HAVEN WHERE THEY COULD START A NEW LIFE. SHORTCOMINGS OF INTERNATIONAL LAW PERTAINING TO HIJACKING, PARTICULARLY VAGUENESS CONCERNING JURISDICTION OVER AIRCRAFT IN FLIGHT, ARE DISCUSSED. AN EXAMINATION OF THE TOKYO CONVENTION OF 1963 NOTES NOTES THAT, ALTHOUGH THE CONVENTION WOULD (IF RATIFIED) FILL MANY OF THE GAPS IN INTERNATIONAL LAW, IT WOULD NEITHER DEFINE HIJACKING AS AN INTERNATIONAL CRIME NOR IMPOSE ON STATES THE DUTY OF EXTRADITING HIJACKERS. IT IS FURTHER NOTED THAT TECHNICAL MEASURES TO PREVENT HIJACKINGS, SUCH AS THE SCREENING OF PASSENGERS, CAN NEVER BE MORE THAN PARTIALLY SUCCESSFUL. THE KEY TO SUPPRESSION OF HIJACKING IS EFFECTIVE PROSECUTION, WHICH IS IMPOSSIBLE WITHOUT AN INTERNATIONAL LAW DEFINING HIJACKING AS AN INTERNATIONAL CRIME AND REQUIRING STATES TO EXTRADITE HIJACKERS. MULTILATERAL NEGOTIATIONS AIMED AT PASSAGE OF SUCH A LAW (PREFERABLY THROUGH THE CIVIL AVIATION ORGANIZATION OF THE UNITED NATIONS WITH THE UNITED STATES STAYING IN THE BACKGROUND ARE RECOMMENDED. SUPPORTING DATA ARE INCLUDED. (LKM)