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POLITICAL ASPECTS OF HIJACKING

NCJ Number
62161
Journal
INTERNATIONAL CONCILIATION Issue: 585 Dated: (NOVEMBER 1971) Pages: 7-27
Author(s)
N AGGARWALA
Date Published
1971
Length
21 pages
Annotation
NATIONAL AND INTERNATIONAL MEASURES TO COUNTER SKYJACKING ARE EVALUATED.
Abstract
WHILE MOST NATIONS--WITH OR WITHOUT ANTIHIJACKING LAWS--HAVE PUNISHED HIJACKERS OF NATIONAL AIRLINES, FEW HAVE YET FORMULATED LAWS DEALING WITH HIJACKERS WHO DIVERT FOREIGN AIRLINERS TO THEIR AIRPORTS. ON NOVEMBER 25, 1970, LARGELY IN RESPONSE TO FOUR HIJACKINGS BY PALESTINIAN GUERRILLAS, THE GENERAL ASSEMBLY OF THE UNITED NATIONS (UN) ADOPTED A RESOLUTION CONDEMNING, WITHOUT EXCEPTION, ALL ACTS OF AERIAL HIJACKING OR OTHER INTERFERENCE WITH CIVIL AVIATION. ADOPTED UNANIMOUSLY, THE RESOLUTION CALLED UPON ALL STATES TO DETER, PREVENT, OR SUPPRESS HIJACKING WITHIN THEIR JURISDICTION; PROSECUTE AND PUNISH PERSONS WHO PERPETRATE SUCH ACTS; OR EXTRADITE SUCH PERSONS FOR PROSECUTION AND PUNISHMENT. WHILE UN RESOLUTIONS ARE VALUABLE AS AN EXPRESSION OF INTERNATIONAL WILL, THE REAL BATTLE FOR INTERNATIONAL REGULATIONS AND LEGISLATION TO COMBAT AIR PIRACY IS CONDUCTED IN THE INTERNATIONAL CIVIL AVIATION ORGANIZATION, A 122-MEMBER SPECIALIZED UN AGENCY. THROUGH CONVENTIONS HELD IN TOKYO (1963), THE HAGUE (1970), AND MONTREAL (1970), OPPORTUNITIES HAVE BEEN PROVIDED FOR NATIONS TO JOINTLY ACT AGAINST HIJACKERS OPERATING IN AN INTERNATIONAL ARENA. THE EXTENT OF PARTICIPATION IN THE CONVENTIONS, HOWEVER, HAS BEEN SMALL, AND NONE OF THE CONVENTIONS HAS SUCCEEDED IN DEVISING SANCTIONS AGAINST COUNTRIES HARBORING POLITICAL SKYJACKERS. PROFESSIONAL ORGANIZATIONS, SUCH AS THE INTERNATIONAL FEDERATION OF AIRLINE PILOTS' ASSOCIATIONS, HOWEVER, HAVE REFUSED TO FLY AIRPLANES TO SUCH NATIONS. THESE KINDS OF ACTIONS HAVE BEEN EFFECTIVE IN SECURING THE RELEASE OF PASSENGERS AND CREWS IN SPECIFIC COUNTRIES. WHILE MULTILATERAL CONVENTIONS AND BILATERAL TREATIES ARE MAJOR DETERRENTS TO HIJACKING, TECHNICAL MEASURES OFFER THE MOST PROMISE. FOOTNOTES ARE PROVIDED. (RCB)