skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 63299 Find in a Library
Title: OFFENCES AND CERTAIN OTHER ACTS COMMITTED ON BOARD AIRCRAFT - THE TOKYO (JAPAN) CONVENTION OF 1963 (FROM CANADIAN YEARBOOK OF INTERNATIONAL LAW, 1964, BY C B BOURNE)
Author(s): G F FITZGERALD
Corporate Author: University of British Columbia Press
Canada
Date Published: 1964
Page Count: 14
Sponsoring Agency: University of British Columbia Press
Vancouver, BC, Canada
Format: Document
Language: English
Country: Canada
Annotation: THE 1963 TOKYO CONVENTION ON OFFENSES AND CERTAIN OTHER ACTS COMMITTED ON BOARD AIRCRAFT IS COMPARED WITH THE 1962 DRAFT CONVENTION; PARTICULAR FOCUS IS ON THE CHANGES MADE IN THE FINAL TEXT.
Abstract: THE TOKYO CONVENTION HAS TWO MAIN GOALS: (1) ENSURING JURISDICTION OF THE AIRCRAFT'S STATE OF REGISTRATION FOR OFFENSES AGAINST PENAL LAW COMMITTED ON BOARD THE AIRCRAFT, AND (2) EMPOWERING THE AIRCRAFT COMMANDER TO TAKE STEPS NECESSARY TO ENSURE THE SAFETY OF THE AIRCRAFT AND ITS PASSENGERS. A MAIN CHANGE FROM THE 1962 DRAFT WAS NARROWING THE CONVENTION'S GEOGRAPHIC SCOPE WITH RESPECT TO POWERS OF THE COMMANDER. IN ADDITION, THESE POWERS NOW APPLY ONLY WHEN THE AIRCRAFT DOORS ARE CLOSED. THE TOKYO CONVENTION ADDED THE WORD 'ACTS' TO THE PHRASE ON 'OFFENSES' IN ORDER TO PROVIDE FOR VIOLATIONS OF U.S. CIVIL LAW. IT ALSO MODIFIED THE DEFINITION OF APPLICABLE AIRCRAFT, THE PROVISION ON JURISDICTION, AND THE PROVISION ON AVOIDANCE BY OTHER COUNTRIES OF INTERFERENCE WITH AN AIRCRAFT IN FLIGHT AFTER AN OFFENSE HAS BEEN COMMITTED. THE LANGUAGE PROTECTING FROM LEGAL ACTION THOSE ACTING TO ENSURE THE AIRCRAFT'S SAFETY WAS BROADENED FROM THE 1962 DRAFT. THE SUBSTANCE OF THE PRIOR HIJACKING PROVISION WAS RETAINED, BUT PROCEDURAL MATERIAL WAS CHANGED. SECTIONS ON STATES' POWERS AND RESPONSIBILITIES WERE EXPANDED. THE FINAL TEXT HAS NO PROVISIONS PREVENTING DOUBLE JEOPARDY OR RELATING TO CASES IN WHICH THE AIRCRAFT COMMANDER'S NATIONAL STATE DIFFERS FROM THE STATE OF REGISTRATION. ALTHOUGH ASSESSMENT OF THE CONVENTION'S EFFECTS IS PREMATURE, IT APPEARS TO BE A POSITIVE CONTRIBUTION TO INTERNATIONAL LAW. FOOTNOTES WHICH INCLUDE REFERENCES ARE INCLUDED. (CFW)
Index Term(s): Aircraft hijacking; International agreements; International law; Offenses; Terrorism/Mass Violence
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=63299

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.