NCJ Number
62719
Journal
Journal of Air Law and Commerce Volume: 37 Dated: (1971) Pages: 183-193
Date Published
1971
Length
11 pages
Annotation
THE EVOLUTION OF THE INTERNATIONAL AND DOMESTIC GOVERNMENTAL INTERESTS IN SKYJACKING IS ANALYZED, DETERRENTS ARE DISCUSSED, AND THE RESPONSE OF THE UNITED STATES GOVERNMENT EVALUATED.
Abstract
SKYJACKING IS THE UNLAWFUL SEIZURE OR CONTROL OR ATTEMPTED SEIZURE OR CONTROL OF AN AIRCRAFT IN FLIGHT BY A PERSON ON BOARD THROUGH USE OF FORCE, THREAT, OR OTHER FORM OF INTIMIDATION. RESULTANT DIVERSION OF RESOURCES TOWARD PREVENTION HAS INCREASED AVIATION COSTS AND RISKS. FROM 1970 THROUGH 1971, 36 PERSONS WERE KILLED OR WOUNDED IN THE COURSE OF ATTEMPTED SKYJACKINGS AND $60 MILLION WORTH OF PROPERTY DAMAGE WAS SUFFERED IN 1970 DUE TO AIRCRAFT DESTRUCTION. BOTH CITIZEN SAFETY AND INTERNATIONAL ECONOMIC CONSIDERATIONS CONTRIBUTE IN MOTIVATING DEVELOPMENT OF ADEQUATE SAFEGUARDS FOR THE AVIATION SYSTEM. THE GOVERNMENT'S FIRST RESPONSE TO THE PROBLEM WAS TO REVIEW APPLICABLE CRIMINAL PENALTIES AND TO INCREASE THE PENALTIES SO THAT THEY WOULD REFLECT THE SERIOUSNESS OF THE CRIME. THE FIRST INTERNATIONAL LEGAL AGREEMENT RELATED TO SKYJACKING OCCURRED IN 1963. THE TOKYO CONVENTION REQUIRED SIGNATORY STATES TO RETURN SKYJACKED AIRCRAFT TO THE CONTROL OF THEIR COMMANDERS AND TO FACILITATE PASSENGERS' RETURN TO THEIR SCHEDULED DESTINATIONS. THIS EFFORT WAS FOLLOWED BY THE HAGUE CONVENTION AND THE MORE RECENT UNITED STATES-CANADA PROPOSAL. MOTIVES FOR SKYJACKING INCLUDE BLACKMAIL, REFUGE, AND VARIOUS PSYCHIATRIC PROBLEMS. ALTHOUGH THE UNITED STATES BELIEVES THAT ITS COORDINATED PROGRAM WILL LIMIT SKYJACKING, THERE REMAINS A CONSTANT THREAT REQUIRING CONTINUOUS COUNTEREFFORT. INTERNATIONAL STANDARDS MUST BE APPLIED IF ANTISKYJACKING EFFORTS ARE TO BE EFFECTIVE. FOOTNOTES ARE INLUDED IN THE ARTICLE. (LWM)