NCJ Number
63079
Journal
International Lawyer Volume: 5 Issue: 2 Dated: (1971) Pages: 269-278
Date Published
1971
Length
10 pages
Annotation
THE 1970 HAGUE CONVENTION TO SUPPRESS AIRCRAFT HIJACKING, POLITICAL DIFFICULTIES IN EXTRADITING HIJACKERS, A MODEL EXTRADITION TREATY, AND THE NEED FOR AN INTERNATIONAL PRISON ARE EXAMINED.
Abstract
THE CONVENTION TO SUPPRESS UNLAWFUL SEIZURE OF AIRCRAFT WAS SIGNED AT THE HAGUE BY A DIPLOMATIC CONFERENCE CONVENED BY THE INTERNATIONAL CIVIL AVIATION ORGANIZATION (ICAO). THE CONVENTION WAS UNANIMOUSLY ADOPTED BY 74 VOTES AND WAS BASED ON AN ICAO NEWS RELEASE STATING THAT THE CONVENTION SHOULD PROVIDE FOR EFFECTIVE LEGAL MEASURES TO DETER THE UNLAWFUL SEIZURE OF AIRCRAFT THROUGH COOPERATION AMONG WORLD NATIONS. SUBSTANTIVE PARAGRAPHS OF THE CONVENTION FOCUS ON TAKING AN ALLEGED OFFENDER INTO CUSTODY, THE DECISION TO EXTRADITE OR PROSECUTE THE LABELING OF THE ACT AS AN EXTRADITABLE OFFENSE, AND THE SUBMISSION OF DISPUTES TO ARBITRATION IF THEY ARE NOT NEGOTIABLE. TWO MAJOR WEAKNESSES IN BASIC CONCEPTS OF THE CONVENTION ARE VULNERABILITY OF THE AIRCRAFT OF A HOST NATION ENDEAVORING TO PROSECUTE A HIJACKER AND POLITICAL DIFFICULTIES INVOLVED IN EXTRADITING A HIJACKER TO A COUNTRY FOR PROSECUTION. THE WORLD PEACE THROUGH LAW CENTER HAS SUGGESTED A MODEL TREATY REQUIRING EACH CONTRACTING JURISDICTION TO THE TREATY TO TRANSPORT AN ALLEGED HIJACKER WITHIN A 24-HOUR PERIOD TO A PRISON WHERE HE OR SHE WILL BE DETAINED UNTIL GUILT OR INNOCENCE IS DETERMINED BY AN APPROPRIATE TRIBUNAL, SUCH AS AN INTERNATIONAL COURT OF JUSTICE. THE MODEL EXTRADITION TREATY IS INTENDED TO PROSCRIBE THE CRIME OF AIRCRAFT HIJACKING. ITS PROVISIONS ARE OUTLINED. (DEP)