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NCJ Number: 48009 Find in a Library
Title: ARAB TERRORISM AND INTERNATIONAL AVIATION - DETERRENCE VERSUS THE POLITICAL ACT
Journal: CHITTY'S LAW JOURNAL  Volume:24  Issue:5  Dated:(MAY 1976)  Pages:145-154
Author(s): J F HORVITZ
Corporate Author: Jonah Publications Limited
Canada
Date Published: 1976
Page Count: 10
Sponsoring Agency: Jonah Publications Limited
Downsview, Ontario, Canada
Type: Historical Overview
Format: Article
Language: English
Country: United States of America
Annotation: ARAB HIJACKING AND ASSOCIATED CONCERNS, SUCH AS POLITICAL MOTIVATIONS, INTERNATIONAL TREATIES, EXTRADITION, AND THE ROLE OF NATIONS AND INTERNATIONAL ORGANIZATIONS, ARE EXAMINED.
Abstract: BEFORE 1969, MOST HIJACKINGS WERE CARRIED OUT BY FUGITIVES, MILITARY DESERTERS, THE MENTALLY ILL, OR PERSONS SEEKING POLITICAL ASYLUM. SINCE THAT TIME, MOST HIJACKINGS HAVE BEEN CARRIED OUT BY SPOKESPERSONS FOR POLITICAL CAUSES. THE HIJACKER MAY BE SEEKING FUNDS FOR THE ORGANIZATION REPRESENTED, ATTEMPTING TO OBTAIN RELEASE OF COMRADES FROM PRISON, OR TRYING TO CAPTURE MEDIA ATTENTION. HIJACKING IS VIEWED AS A FORM OF INTERNATIONAL BLACKMAIL. INTERNATIONAL TREATIES RELEVANT TO HIJACKING SINCE 1954 ARE DISCUSSED. IT HAS BEEN VIRTUALLY IMPOSSIBLE FOR THE STABLE AND EMERGING POWERS TO AGREE ON THE ACCORDS NECESSARY TO MAKE SUCH TREATIES DECLARATIONS OF UNIVERSAL LAW. THE PRIMARY DIFFICULTY IS THAT WHAT ONE COUNTRY CONSIDERS A POLITICAL ACT, ANOTHER COUNTRY MAY NOT. THREE GENERAL TESTS FOR DETERMINING A POLITICAL ACT, THE SWISS, FRENCH, AND ANGLO-AMERICAN APPROACHES, ARE DESCRIBED. THE ISSUE OF EXTRADITION IS ALSO DEALT WITH IN DETAIL; AGREEMENT ON WHAT IS AN EXTRADITABLE OFFENSE BETWEEN STATES IS AGAIN LACKING. THE ROLES OF THE UNITED STATES, THE INTERNATIONAL CIVIL AVIATION ORGANIZATION, AND THE INTERNATIONAL FEDERATION OF AIRLINE PILOTS ASSOCIATIONS ARE COVERED. PROPOSALS FOR A SOLUTION TO HIJACKING INCLUDE THE EFFECTIVE APPLICATION OF UNILATERAL AND COLLECTIVE SANCTIONS. WORKING FOR A SOLUTION THROUGH EXTRADITABLE MEASURES IS NOT RECOMMENDED. PREVENTIVE SECURITY MEASURES ARE FAVORED OVER LEGAL REMEDIES BECAUSE TREATIES ARE NOT ENFORCEABLE AND BECAUSE THE POSSIBILITY OF CREATING AN INTERNATIONAL CRIMINAL COURT TO JUDGE HIJACKERS SEEMS REMOTE. NOTES ARE PROVIDED. (JSP)
Index Term(s): Anti-Hijacking conventions; Antiterrorist laws; Arab terrorist groups; Hijacking; International agreements; International extradition; Media coverage; Middle East; Political impact of terrorism; Political offenders; Politically motivated violent crimes
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=48009

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