NCJ Number
62505
Journal
Virginia Law Review Volume: 53 Issue: 3 Dated: (APRIL 1967) Pages: 509-563
Date Published
1967
Length
55 pages
Annotation
MODIFICATIONS TO THE TOKYO CONVENTION ON OFFENSES COMMITTED ON AIRCRAFT ARE PRESENTED IN THIS ARTICLE WHICH ADVOCATES A FUNDAMENTAL REVIEW OF THE EXTENT OF EXTRATERRITORIAL JURISDICTION OF U.S. CRIMINAL LAW.
Abstract
TO DEVELOP AN EFFECTIVE APPROACH COMBATING CRIMES COMMITTED ON AIRCRAFT, THE U.S. GOVERNMENT SHOULD REVISE ITS DOCTRINE OF EXTRATERRITORIAL JURISDICTION OVER CRIMINAL ACTIVITY IN CONJUNCTION WITH THE RATIFICATION OF THE TOKYO CONVENTION OF 1963. THE TOKYO PROPOSAL PROVIDES FOR JURISDICTION PREDICATED ON THE REGISTRATION OF THE AIRCRAFT OR ON ANY OTHER BASIS INDICATED BY THE MUNICIPAL LAW OF A CONTRACTING STATE. ANALYSES OF VARIOUS THEORIES OF INTERNATIONAL JURISDICTION AND OF THE REQUIREMENTS OF LAW ENFORCEMENT INDICATE THE NEED FOR MODIFICATION OF THE TOKYO CONVENTION. THE UNITED STATES SHOULD EXERCISE JURISDICTION OVER CRIMINAL ACTS COMMITTED ON FOREIGN REGISTERED AIRCRAFT WHICH LAND IN THE UNITED STATE WITH THE OFFENDERS, VICTIMS, AND WITNESSES ON BOARD. ADVANTAGES OF THE LANDING PLACE THEORY INCLUDE ITS PRACTICALITY AND FLEXIBILITY IN CONTRAST WITH THE PERMISSIVE JURISDICTION OF THE TOKYO CONVENTION. EXISTING UNITED STATES STATUTES ON AIRCRAFT CRIMES HAVE LIMITED APPLICABILITY REFLECTING THE SPEEDY, BUT UNSYSTEMATIC PROCESSES WHICH CHARACTERIZED THE LAWS' PASSAGES. ALTHOUGH THESE LAWS PROMOTE THE SAFETY STANDARDS OF THE FEDERAL AVIATION AGENCY, THEY ARE TOO VAGUE AND CAVALIER FOR THE VESTING OF CRIMINAL JURISDICTION TO U.S. COURTS. CONGRESS MAY HAVE LIMITED CONSTITUTIONAL AUTHORITY TO LEGISLATE IN THE AREA OF OVERSEAS CRIMINAL ACTIVITY, BUT CONGRESSIONAL REPORTS INDICATE THAT BROAD JURISDICTION IS INTENDED. FOOTNOTES ARE PROVIDED. (TWK)