NCJ Number
62605
Journal
INTERNATIONAL CONCILIATION Issue: 585 Dated: (NOVEMBER 1971) Pages: 42-78
Date Published
1971
Length
37 pages
Annotation
LEGAL ANALYSES OF THE INTERNATIONAL AGREEMENTS FOR COMBATING AIRCRAFT HIJACKING AND SABOTAGE INDICATE THAT THE VARIOUS CONVENTIONS CAN SAFEGUARD COMMERCIAL AVIATION ONLY IF THEY ARE APPLIED BY ALL NATIONS.
Abstract
RECOGNIZING THE HAZARDS OF UNLAWFUL SEIZURE OF AIRCRAFT, MEMBERS OF THE INTERNATIONAL CIVIL AVIATION ORGANIZATION (ICAO) DRAFTED THE 1963 TOKYO CONVENTION ON OFFENSES AND CERTAIN OTHER ACTS COMMITTED ON BOARD AIRCRAFT. TO COMPENSATE FOR WEAKNESS IN THAT INITIAL DOCUMENT, SUBSEQUENT AGREEMENTS SUCH AS THE HAGUE CONVENTION OF 1970 AND THE MONTREAL CONVENTION OF 1971 ADDRESSED THE SPECIFIC PROBLEMS OF HIJACKING AND EXTERNAL ATTACKS AGAINST COMMERCIAL AIRCRAFT. THE LEGAL COMMITTEE OF THE ICAO WAS NOT ABLE TO DEVELOP A CONSENSUS ON REQUESTS FOR CONCERTED ACTION BY WORLD GOVERNMENTS AGAINST NATIONS WHICH DEFAULTED ON OBLIGATIONS RESPECTING INTERNATIONAL AVIATION. HOWEVER, THE ICAO COMMITTEE ON UNLAWFUL INTERFERENCE DEVELOPED PROCEDURES TO BE USED IN PRESERVING THE SAFETY OF AIRCRAFT FLIGHTS IN THE EVENT OF A SEIZURE. SPECIFIC MEASURES INCLUDED THE RESTRICTION OF FIREARMS ON AIRCRAFT, AIRPORT SECURITY SYSTEMS, INSTALLATION OF CERTAIN EQUIPMENT ON BOARD AIRCRAFT, AND THE ISSUANCE OF INSTRUCTIONS TO GROUND PERSONNEL. EXAMINATION OF THE INTERNATIONAL AGREEMENTS SPONSORED BY THE ICAO INDICATES THAT TAKEN TOGETHER, THE THREE MAJOR CONVENTIONS FORM A USEFUL PART OF THE LEGAL ACTION CURBING ACTS OF VIOLENCE AGAINST AIRCRAFT. PARTICULAR PROVISIONS WHICH ADDRESS SPECIFIC OFFENSES, SUCH AS HIJACKING, FORM A POSITIVE APPROACH TO PREVENT OFFENDERS FROM FINDING HAVENS FROM PROSECUTION. THE CONVENTIONS PERMIT NONEXTRADITION OF POLITICAL OFFENDERS WITH THE QUALIFICATION THAT THE OFFENDERS' CASE BE EXAMINED BY COMPETENT AUTHORITIES. FOOTNOTES ARE PROVIDED. (TWK)