NCJ Number
62327
Journal
Harvard International Law Journal Volume: 12 Issue: 1 Dated: (WINTER 1971) Pages: 33-70
Date Published
1971
Length
38 pages
Annotation
THE THREAT OF POLITICAL HIJACKING TO INTERNATIONAL AIR SAFETY IS DISCUSSED, AND GUARANTEED EXTRADITION AND PUNISHMENT OF HIJACKERS ARE RECOMMENDED.
Abstract
AN INTERNATIONAL LAW OF AIRCRAFT HIJACKING DOES NOT YET EXIST, EITHER BY CONSISTENT PRACTICE OF NATIONS, OR BY TREATY. HOWEVER, CERTAIN GENERAL AREAS OF AGREEMENT WERE DEVELOPED DURING THE 1960'S. SPECIFICALLY, THE NOTION OF ASSURED PUNISHMENT, REGARDLESS OF ANY POLITICAL DOCTRINE, GAINED SUPPORT. MOREOVER, WIDESPREAD RECOGNITION EXISTS THAT THE ULTIMATE CONTROL OF THE PROBLEM MUST HAVE AN INTERNATIONAL BASE. DIFFICULTIES WITH INTERNATIONAL JURISDICTION ARE BEING RESOLVED THROUGH AGREEMENTS SUCH AS THE TOKYO CONVENTION, BUT ENFORCEMENT OF HIJACKING LAWS IS STYMIED BY THE FAILURE OF SUPPORT FOR A POLICY OF PUNISHING HIJACKERS, THE TOKYO CONVENTION IS INEFFECTIVE UNLESS STATES ACTIVELY PROSECUTE CASES IN WHICH THEY ARE NOT DIRECTLY INTERESTED. WITH THE INCREASING FREQUENCY OF HIJACKINGS, THE TOKYO CONVENTION HAS PROVED INADEQUATE FOR MORE THAN THE RETURN OF DIVERTED AIRCRAFT AND PASSENGERS. PUNISHMENT AND EXTRADITION OF OFFENDERS ARE NOT REQUIRED, AND RARELY OCCUR WHEN HIJACKERS TAKE AIRCRAFT TO COUNTRIES WHICH PROVIDED A SYMPATHETIC RECEPTION. IF EXTRADITION CAN BE REFUSED WHERE THE OFFENDER ACTED FROM POLITICAL MOTIVES, MANY CASES OF HIJACKING WILL GO UNPUNISHED. THE RISKS INVOLVED IN CRIMES ABOARD AIRCRAFT ARE GREAT ENOUGH SO THAT NO NATION SHOULD TREAT HIJACKERS AS SIMPLE POLITICAL REFUGEES. UNIVERSAL ADOPTION OF A HARD-LINE ATTITUDE TOWARD PROSECUTION AND SENTENCING OF HIJACKERS WOULD UNDOUBTEDLY SERVE AS AN EFFECTIVE DETERRENT. FOOTNOTES ARE PROVIDED. (TWK)