NCJ Number
63428
Journal
SOUTH AFRICAN LAW JOURNAL Volume: 83 Dated: (1968) Pages: 203-208
Date Published
1968
Length
6 pages
Annotation
IF THE PRINCIPLES OF THE TOKYO CONVENTION OF 1963 ON OFFENSES COMMITTED ON BOARD AIRCRAFT WERE FOLLOWED, THE PRESENT UNCERTAINTY REGARDING SUCH CRIMES WOULD DISAPPEAR.
Abstract
ADOPTING THE CONVENTION WOULD ELIMINATE THE UNCERTAINTY AS TO WHERE AND UNDER WHAT LAW PASSENGERS AND PERSONNEL OF INTERNATIONAL AIRCRAFT MAY BE TRIED FOR PUNISHABLE OFFENSES SINCE THE TOKYO CONVENTION SUPPORTS THE INTERNATIONAL ACCEPTANCE OF THE LAW OF THE FLAG PRINCIPLE. THE STATE IN WHICH AN AIRCRAFT IS REGISTERED WOULD HAVE THE POWER TO EXERCISE JURISDICTION OVER OFFENSES AGAINST PENAL LAW AND OVER ACTS WHICH JEOPARDIZE SAFETY, ORDER, OR DISCIPLINE. THE JURISDICTION OF OTHER STATES, INCLUDING THOSE WHICH MAY BE OVERFLOWN, WOULD BE LIMITED, AND THE AIRCRAFT COMMANDER WOULD BE GIVEN SPECIFIC POWERS. FOR EXTRADITION PURPOSES, OFFENSES ARE DEEMED TO HAVE BEEN COMMITTED BOTH IN THE STATE WHERE THE AIRCRAFT IS REGISTERED AND IN THE PLACE WHERE THEY OCCURRED. IN CASES OF SEIZURE OR WRONGFUL EXERCISE OF CONTROL OF AN AIRCRAFT IN FLIGHT, ALL STATES WHICH WERE PARTIES TO THE CONVENTION WOULD AGREE TO TAKE APPROPRIATE MEASURES TO RESTORE CONTROL OF THE AIRCRAFT TO ITS RIGHTFUL COMMANDER, TO TAKE CUSTODY OF THE OFFENDERS, AND TO PERMIT THE PASSENGERS AND CREW TO PROCEED ONWARD. FINALLY, THE CONVENTION WOULD BENEFIT THE INTERNATIONAL ADMINISTRATION OF JUSTICE AND RESTRICT EXTRATERRITORIAL CRIMINAL ACTIVITY. FOOTNOTES ARE GIVEN. (MJW)