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NCJ Number: 67720 Find in a Library
Title: INTERNATIONAL LEGAL PROBLEM-SOLVING AND THE PRACTICAL DILEMMA OF HIJACKING (FROM AERIAL PIRACY AND INTERNATIONAL LAW, P 15-26, 1971, BY EDWARD MCWHINNEY SEE NCJ-67719)
Author(s): E MCWHINNEY
Date Published: 1971
Page Count: 12
Format: Document
Language: English
Country: Netherlands
Annotation: THE DIFFICULTIES OF ACHIEVING A WIDELY ACCEPTED AND EFFECTIVE INTERNATIONAL ANTI-HIJACKING CONVENTION DESPITE THE ESCALATING VIOLENCE DIRECTED TOWARD PASSENGER AIRLINES IN THE 1960'S ARE DISCUSSED.
Abstract: INITIALLY DESCRIBED ARE THE 'CUBAN' HIJACKING AT THE OPENING OF THE 1960'S. BOTH THE HIJACKING OF CUBAN SMALL AIRCRAFT TO THE UNITED STATES BY OPPONENTS OF THE CASTRO REGIME, AS WELL AS THE HIJACKINGS OF AMERICAN AIRCRAFT TO CUBA, ARE CHARACTERIZED AS ESSENTIALLY PHYSICAL OUTLETS FOR PATHOLOGICAL PERSONALITY TYPES. HOWEVER, THE HIJACKINGS OCCURRING IN THE MIDDLE EAST AND THE MEDITERREAN AFTER THE ARAB-ISRAELI CONFLICT IN 1967 ARE SEEN AS CALCULATED POLITICAL MANEUVERS TO GAIN PUBLIC SYMPATHY FOR A POLITICAL CAUSE; AND THE PASSENGERS AND THE CREW OF THE HIJACKED AIRCRAFT ARE CHARACTERIZED AS HELPLESS PAWNS IN GAMES OF POLITICAL BLACKMAIL. THE TRADITIONAL SOLICITUDE OF LIBERAL DEMOCRACIES TOWARD THE POLITICAL REFUGEE FROM A TYRANNICAL COUNTRY IS POSED AGAINST THE RIGHT OF FREE MOVEMENT ACROSS NATIONAL FRONTIERS EXERCISED BY THE AIR TRANSPORT INDUSTRY AND ITS CUSTOMERS. FOR THIS REASON THE TOKYO CONVENTION OF 1963 WAS A MILD CONVENTION THAT TOOK 6 YEARS TO OBTAIN THE 12 RATIFICATIONS NECESSARY TO BECOME LAW. FACED WITH THE INEFFECTIVENESS OF THE TOKYO CONVENTION AND THE INADEQUATE RESPONSES TO HIJACKING BY NATIONAL GOVERNMENTS, THE INTERNATIONAL FEDERATION OF AIRLINE PILOTS ASSOCIATION (IFALPA) HAS PROPOSED A BOYCOTT BY ITS MEMBERS ON FLIGHTS INTO AND OUT ANY COUNTRIES THAT FAIL TO PROMPTLY RELEASE CIVIL AIRCRAFT, CREW AND PASSENGERS HIJACKED INTO THEIR NATIONAL TERRITORY. THE CRIMES OF VIOLENCE DIRECTED AGAINST PASSENGER AIRLINES IN 1970, COUPLED WITH THE SOVIET HIJACKINGS, PRODUCED FOR THE FIRST TIME A CONSENSUS BETWEEN THE UNITED STATES AND THE SOVIET UNION ON FINDING A SOLUTION TO THE HIJACKING PROBLEM. THE RESULTANT HAGUE CONVENTION OF 1970 THEREFORE CONTAINED THE STRONG PROVISION THAT HIJACKERS WOULD BE EXTRADITED UPON REQUEST OR THEY WOULD BE PROSECUTED UNDER THE OTHER COUNTRY'S OWN LAWS. THE QUICK RESPONSE TO THE CONVENTION BY MOST COUNTRIES WITH MAJOR AIRLINES IS NOTED; HOWEVER, SOME COUNTRIES (CUBA AND MIDDLE EAST COUNTRIES) MAY CHOOSE THE ROUTE OF BILATERAL AGREEMENTS. IN ADDITION, SOME WESTERN COUNTRIES MAY CHOOSE TO EXERCISE THE PRINCIPLE OF PROPORTIONALITY AND ADMINISTER ONLY MILD PUNISHMENT TO CERTAIN POLITICAL REFUGEES--PARTICULARLY IF THEIR OBJECTIVES OF SEEKING POLITICAL ASYLUM BY HIJACKING WAS ACCOMPLISHED WITH PROPER REGARD FOR THE LIVES AND PHYSICAL SECURITY OF THE INNOCENT PASSENGERS AND AIR CREWS. FOOTNOTES ARE PROVIDED. (DEG)
Index Term(s): Aircraft hijacking; Cuba; International extradition; International law; Japan; Middle East; Political offenders; Psychopaths; Terrorism/Mass Violence; Union of Soviet Socialist Republics (USSR); United States of America
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=67720

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