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CANADA'S INITIATIVES TO COMBAT THE LATEST SCOURGE OF THE SKIES

NCJ Number
65381
Journal
INTERNATIONAL PERSPECTIVES Dated: (JANUARY/FEBRUARY 1973) Pages: 47-51
Author(s)
L S CLARKE
Date Published
1973
Length
5 pages
Annotation
THIS 1973 JOURNAL ARTICLE DISCUSSES CANADIAN INITIATIVES THAT HAVE LED TO ADVANCES IN INTERNATIONAL HIJACKING LAW ENFORCEMENT.
Abstract
CANADA HAS PUT SPECIFIC PROPOSALS BEFORE THE INTERNATIONAL CIVIL AVIATION ORGANIZATION (ICAO), SPONSORED UNITED NATIONS RESOLUTIONS, PARTICIPATED IN NUMEROUS NEGOTIATIONS, ENACTED ADDITIONAL COMPREHENSIVE CRIMINAL LEGISLATION, AND ASSISTED IN INTERNATIONAL ENFORCEMENT MEASURES AGAINST NATIONS PROVIDING SANCTUARY TO HIJACKERS AND PERPETRATORS OF TERRORIST ATTACKS AGAINST CIVIL AIRCRAFT. CANADA WAS A PARTY TO THREE AIR-LAW TREATIES SET FORTH AT THE 1963 TOKYO CONVENTION, THE 1970 CONVENTION IN THE HAGUE, AND THE 1971 MONTREAL CONVENTION. THESE TREATIES ENSURED THAT EVERY CONTRACTING NATION PROSECUTES AIR-LAW OFFENDERS UNDER ITS NATIONAL CRIMINAL LAW, BUT THEY DID NOT CONTAIN ANY ENFORCEMENT PROVISIONS. FOLLOWING INITIATIVES BY THE AMERICAN AND CANADIAN DELEGATIONS, THE ICAO IN SEPTEMBER 1972, FINALLY DRAFTED MEASURES WHICH HELP TO ENFORCE THE TREATIES. THESE MEASURES INCLUDE TWO ELEMENTS WHICH WERE CANADA'S: (A) MACHINERY FOR THE IMPARTIAL DETERMINATION AS TO WHETHER A PARTICULAR NATION IS IN DEFAULT OF ITS INTERNATIONAL LEGAL OBLIGATIONS RELATING TO UNLAWFUL INTERFERENCE; AND (B) PROVISION FOR A SYSTEMATIC MEANS OF DECIDING ON JOINT ACTION MEASURES TO PRESERVE AND PROMOTE THE SAFETY AND SECURITY OF CIVIL AVIATION, INCLUDING SUSPENSION OF INTERNATIONAL AIR NAVIGATION TO AND FROM OFFENDING NATIONS. SOME PHOTOGRAPHS ARE INCLUDED. (JLF)