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NCJ Number: 62710 Find in a Library
Title: PROPOSED METHOD OF CONTROL
Journal: JOURNAL OF AIR LAW AND COMMERCE  Volume:37  Dated:(1971)  Pages:171-181
Author(s): A E EVANS
Corporate Author: Southern Methodist University Law School
United States of America
Date Published: 1971
Page Count: 11
Sponsoring Agency: Southern Methodist University Law School
Dallas, TX 75222
Format: Article
Language: English
Country: United States of America
Annotation: FOREIGN AND DOMESTIC INTERESTS AFFECTED BY AIRCRAFT HIJACKING AND THE EFFICACY OF COOPERATION AMONG COUNTRIES TO CONTROL HIJACKING INCIDENTS USING REGISTRATION, SEARCH, AND EXTRADITION ARE ADDRESSED.
Abstract: MOTIVES FOR AIRCRAFT HIJACKING ARE FURTHERANCE OF PERSONAL OR PRIVATE OBJECTIVES INCLUDING POLITICAL ENDS AND PUBLIC OBJECTIVES INCLUDING FOREIGN POLICY AIMS AND INSURRECTION. AT BOTH FOREIGN AND DOMESTIC POLICY LEVELS, LIABILITY FOR LOSSES SUSTAINED BY PASSENGERS AND AIRCRAFT CARRIERS IS BECOMING AN ISSUE. HIJACKING TOUCHES ON INTERNATIONAL POLITICS, AND THE SITUATION IS COMPLICATED WHEN PRIVATE AGENCIES ARE CONSTRAINED TO EXERT PRESSURE ON GOVERNMENTS THAT CONDONE HIJACKING. ANOTHER IMPORTANT EFFECT OF HIJACKING IS ITS EXACERBATION OF STRAINED RELATIONS BETWEEN COUNTRIES. AS A FULLY DEVELOPED INTERNATIONAL OFFENSE, HIJACKING CAN BE CONTROLLED BY CONCERTED EFFORTS OF COUNTRIES ACTING BOTH UNILATERALLY AND JOINTLY. AN ADDITIONAL DETERRENT IS THE PUBLICITY GIVEN TO SKY MARSHAL AND SEARCH PROGRAMS AND TO THE PROSECUTION OF OFFENDERS. THE PROSECUTION OF HIJACKERS BECOMES MORE COMPLEX WHEN THE DEFENSE OF THE POLITICAL OFFENSE IS INVOKED BY THE ACCUSED. ALTHOUGH RARELY USED, EXTRADITION OF AN OFFENDER TO THE AIRCRAFT'S COUNTRY OF REGISTRATION OR TO THE COUNTRY OF LAST DEPARTURE IS AN ALTERNATIVE TO PROSECUTION IN THE COUNTRY OF FIRST LANDING OR IN A COUNTRY WITH JURISDICTION OVER AN ALLEGED OFFENDER. THE UNITED NATIONS CONVENTION ON OFFENSES AND CERTAIN OTHER ACTS COMMITTED ON BOARD AIRCRAFT ESTABLISHES THE RESPONSIBILITY OF MEMBER STATES TO FACILITATE AND PROTECT INTERNATIONAL AIR TRANSPORT. THE CONVENTION FOR SUPPRESSION OF UNLAWFUL SEIZURE OF AIRCRAFT SUPPLEMENTS THE PRECEDING CONVENTION AND MAKES A SIGNIFICANT CONTRIBUTION TO THE DEVELOPMENT OF INTERNATIONAL CRIMINAL LAW BY ESTABLISHING UNIVERSAL JURISDICTION OVER AN OFFENSE SO THAT A HIJACKER MUST BE PROSECUTED OR EXTRADITED. AN INTERNATIONAL CRIMINAL COURT MAY BE FEASIBLE AS A CATALYST FOR THE EMERGING INTERNATIONAL SYSTEM OF CRIMINAL LAW, BUT IMMEDIATE COLLABORATIVE ACTION AMONG COUNTRIES IN THE MULTILATERAL CONTROL OF INTERNATIONAL OFFENSES IS NECESSARY. FOOTNOTES ARE PROVIDED. (DEP)
Index Term(s): Aircraft hijacking; Extradition; International agreements; International cooperation; International extradition; International law; Political offender nonextradition; Political offenders; Prosecution; Terrorism/Mass Violence; United Nations (UN)
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=62710

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