NCJ Number
52269
Journal
Duquesne Law Review Volume: 16 Issue: 3 Dated: (1977-1978) Pages: 283-305
Date Published
1977
Length
23 pages
Annotation
A MODEL ANTI-HIJACKING STATUTE WHICH DRAWS UPON, CLARIFIES, AND EXPANDS THE THREE EXISTING INTERNATIONAL CONVENTIONS REGARDING UNLAWFUL INTERFERENCE WITH AIR TRANSPORT IS PROPOSED.
Abstract
THREE MAJOR INTERNATIONAL CONVENTIONS DEALING WITH AIRCRAFT HIJACKING HAVE BEEN SIGNED AND HAVE ENTERED INTO FORCE: THE CONVENTION ON OFFENSES AND CERTAIN OTHER ACTS COMMITTED ON BOARD AIRCRAFT, SIGNED IN TOKYO IN SEPTEMBER 1963; THE CONVENTION FOR THE SUPPRESSION OF UNLAWFUL SEIZURE OF AIRCRAFT, SIGNED IN THE HAGUE IN DECEMBER 1970; AND THE CONVENTION FOR THE SUPPRESSION OF UNLAWFUL ACTS AGAINST THE SAFETY OF CIVIL AVIATION, SIGNED IN MONTREAL IN SEPTEMBER 1971. THE TOKYO CONVENTION WAS INTENDED TO RESTORE POSSESSION AND CONTROL OF THE HIJACKED AIRCRAFT TO THOSE LAWFULLY IN COMMAND. THE HAGUE CONVENTION PROVIDED FOR EXTRADITION OR PROSECUTION OF THE HIJACKERS. THE MONTREAL CONVENTION INCLUDED SANCTIONS AGAINST PERPETRATORS OF SABOTAGE AND OTHER OFFENSES COMMITTED NOT ONLY AGAINST THE AIRCRAFT AND ITS PERSONNEL, BUT ALSO AGAINST AIR NAVIGATIONAL FACILITIES. BARELY HALF OF THE WORLD COMMUNITY SUBSCRIBES TO ANY OF THE AGREEMENTS, WHICH APPEAR TO HAVE HAD LITTLE IMPACT ON THE INCIDENCE OF AIRCRAFT HIJACKING. NONE OF THE CONVENTIONS ACTUALLY COMES TO GRIPS WITH THE PROBLEM OF PUNISHMENT AND SANCTIONS. A MODEL STATUTE IS PRESENTED WHICH DELINEATES SPECIFIC OFFENSES, CLARIFIES AND EXPANDS JURISDICTION OVER THE OFFENDER, SETS FORTH PRIORITIES IN EXTRADITION CLAIMS, AND ESTABLISHES PENALTIES FOR INDIVIDUAL OFFENDERS AND SANCTIONS FOR OFFENDING STATES. THE STATUTORY PROPOSAL INCLUDES THE FOLLOWING SECTIONS: PREAMBLE; ELEMENTS OF THE OFFENSE; SANCTIONS (PENALTIES, SUSPENSION OF TRADE AND COMMERCE, EXTRADITABLE OFFENSES); JURISDICTION OVER THE OFFENSE (AFFECTED STATES, JURISDICTIONAL COMPETENCE, DOMESTIC CRIMINAL JURISDICTION, JOINT OR INTERNATIONAL OPERATIONS, CUSTODIAL PROCEDURES, EXERCISE OF JURISDICTION, EXTRADITION PROCEDURES, OBLIGATIONS OF CONTRACTING STATES); POWERS OF THE AIRCRAFT COMMANDER AND RELIEF FROM LIABILITY; AND STATUTORY INTERPRETATION. (LKM)