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AERIAL HIJACKING AS AN INTERNATIONAL CRIME

NCJ Number
32079
Author(s)
N D JOYNER
Date Published
1974
Length
352 pages
Annotation
EXAMINATION OF THE HISTORICAL EVOLUTION OF THE CONCEPT OF PIRACY IN INTERNATIONAL LAW, ITS RELEVANCE TO MODERN-DAY AIRCRAFT SEIZURES, AND THE DEGREE OF COMPLIANCE OF STATES AGREEING TO INTERNATIONAL CONVENTIONS AGAINST HIJACKING.
Abstract
THIS STUDY ALSO ATTEMPTS TO DETERMINE IF PIRACY ON THE HIGH SEAS CAN BE CONSIDERED ANALOGOUS TO 'PIRACY IN THE HIGH SKIES'. EVIDENCE OF UNDERLYING LEGAL AND POLITICAL DISTINCTIONS IS PRESENTED TO SUPPORT THE CONCLUSIONS THAT (1) PIRACY ON THE HIGH SEAS IS A CRIME IN THE MUNICIPAL LAWS OF MANY STATES, BUT NOT IN INTERNATIONAL LAW; AND (2) THAT AIRCRAFT HIJACKING HAS BEEN ELEVATED TO THE STATUS OF AN INTERNATIONAL CRIME THROUGH RECENT INTERNATIONAL CONVENTIONS. A TYPOLOGY OF HIJACKING ATTEMPTS, MOTIVES OF THE PERPETRATORS OF THE CRIME, AND DISPOSITION OF THE PERPETRATORS BY STATES IS ESTABLISHED TO TEST THE DEGREE OF COMPLIANCE BY STATES FOLLOWING THE INITIALING AND RATIFICATION OF THE TWO MAJOR INTERNATIONAL CONVENTIONS ON THE UNLAWFUL SEIZURE OF AIRCRAFT, NAMELY THE 'CONVENTION ON OFFENSES AND CERTAIN ACTS COMMITTED ON BOARD AIRCRAFT' IN TOKYO, SEPTEMBER 14, 1963 AND THE 'CONVENTION FOR THE SUPPRESSION OF UNLAWFUL SEIZURE OF AIRCRAFT', SIGNED AT THE HAGUE, DECEMBER 16, 1970. AN 18-PAGE BIBLIOGRAPHY AND AN INDEX ARE INCLUDED. THE APPENDIX CONTAINS THE TEXTS OF THE EIGHT INTERNATIONAL CONVENTIONS COVERING SEA AND AIR PIRACY BETWEEN 1536 AND 1973. (AUTHOR ABSTRACT)