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NCJ Number: 62753 Find in a Library
Title: LEGAL PROBLEMS - AN INTRODUCTION
Journal: JOURNAL OF AIR LAW AND COMMERCE  Volume:37  Dated:(1971)  Pages:163-170
Author(s): A SAMUELS
Corporate Author: Southern Methodist University Law School
United States of America
Date Published: 1971
Page Count: 8
Sponsoring Agency: Southern Methodist University Law School
Dallas, TX 75222
Format: Article
Language: English
Country: United States of America
Annotation: ISSUES RELATED TO DEFINITION, JURISDICTION, PROSECUTION, PUNISHMENT, EXTRADITION, AND OTHER ASPECTS OF DEALING INTERNATIONALLY WITH AIRCRAFT HIJACKING ARE DISCUSSED.
Abstract: AS AN OVERVIEW OF THE POLITICAL AND LEGAL PROBLEMS POSED BY HIJACKING, THE DISCUSSION TOUCHES BRIEFLY ON THE FOLLOWING POINTS: (1) WHETHER HIJACKING MAY BE DEFINED AS PIRACY; (2) LIMITATIONS OF PSYCHOLOGICAL, SOCIOLOGICAL, AND TECHNOLOGICAL DEVICES FOR PREVENTING HIJACKINGS; (3) THE ABSENCE OF HIJACKING PER SE AS AN OFFENSE IN THE LAWS OF MANY COUNTRIES; (4) CONFLICTS IN ESTABLISHING JURISDICTION OVER HIJACKING CASES; (5) PROSECUTORIAL DISCRETION IN HIJACKING CASES; (6) CONSISTENCY IN PUNISHING CONVICTED HIJACKERS; (7) EXTRADITION OBLIGATIONS IN HIJACKING CASES, ESPECIALLY IN THE ABSENCE OF AN EXTRADITION TREATY; (8) SANCTIONS AGAINST COUNTRIES THAT DO NOT COOPERATE IN EFFORTS TO COMBAT HIJACKING; AND (9) WHETHER HIJACKERS ARE SUITABLE SUBJECTS FOR AN INTERNATIONAL CRIMINAL TRIBUNAL. PROBLEMS ADDRESSED IN THE 1970 HAGUE CONVENTION FOR THE SUPPRESSION OF UNLAWFUL SEIZURE OF AIRCRAFT ARE NOTED, AND ALL GOVERNMENTS ARE URGED TO RATIFY THE CONVENTION. THE HAGUE CONVENTION IS THE BEST HOPE FOR SUCCESSFUL INTERNATIONAL ACTION AGAINST HIJACKING, BUT PROSPECTS FOR RESOLVING THE HIJACKING PROBLEM ARE DIM AS LONG AS POLITICAL UNREST PROMPT ACTS OF HIJACKING AND SOME GOVERNMENTS SUPPORT SUCH ACTS EITHER DIRECTLY OR INDIRECTLY. FOOTNOTES ARE PROVIDED. (LKM)
Index Term(s): Aircraft hijacking; International cooperation; Terrorism/Mass Violence
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=62753

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