NCJ Number
63646
Journal
American Journal of International Law Volume: 65 Issue: 4 Dated: (SEPTEMBER 1971) Pages: 71-96
Date Published
1971
Length
26 pages
Annotation
SIX PRESENTATIONS BY PROFESSIONALS IN INTERNATIONAL LAW INDICATE THE DIFFICULTIES IN ATTEMPTING TO COMBAT AIRCRAFT HIJACKING BY TREATIES WHICH HAVE LIMITED PROVISIONS FOR EXTRADITION AND PUNISHMENT OF HIJACKERS.
Abstract
THE PROCEEDINGS OF THE 65TH ANNUAL MEETING OF THE AMERICAN SOCIETY OF INTERNATIONAL LAW, SPONSORED JOINTLY WITH THE CANADIAN SOCIETY OF INTERNATIONAL LAW, CRITICIZED THE LIMITATIONS OF THE TOKYO AND HAGUE CONVENTIONS ON AIRCRAFT-RELATED CRIMES. THE DIRECTOR OF THE INSTITUTE OF AIR AND SPACE LAW OF MCGILL UNIVERSITY STATED THAT THE TWO CONVENTIONS MERELY RESTATED LONG-EXISTING INTERNATIONAL LAW CONCERNING THE OBLIGATION OF COUNTRIES TO RESTORE CONTROL OF HIJACKED VESSELS TO THEIR COMMANDERS. HE ALSO STATED THAT INTERNATIONAL LAWYERS SHOULD CONSIDER APPLYING NONTREATY FORMS OF COMMUNITY CONTROL THROUGH PRIVATE ORGANIZATIONS SUCH AS THE PILOTS ASSOCIATIONS. AFTER SUMMARIZING THE BASIC PROVISIONS OF SEVERAL CONVENTIONS, THE ASSISTANT LEGAL ADVISER OF THE U.S. DEPARTMENT OF STATE ARGUED THAT EVEN BEFORE THE HIJACKING CONVENTION ENTERS INTO FORCE, COUNTRIES SHOULD EXPECT OTHER COUNTRIES WHICH RECEIVE HIJACKERS TO PROSECUTE SUCH OFFENDERS. ANOTHER SPEAKER COMMENTED THAT THE DIVERSITY OF INTERESTS WHICH STATES MAINTAIN CAUSES SEVERE LIMITATIONS IN THE TREATY PROVISIONS ON EXTRADITION AND PUNISHMENT OF HIJACKERS. IN ADDITION, SPECIAL POLITICAL VALUES OF INDIVIDUAL GOVERNMENTS INFLUENCE THE APPROACH TOWARD THE GRANTING OF ASYLUM TO OFFENDERS. COMMENTS ON THE PRESENTATIONS INDICATED THE POTENTIAL HARM TO CIVIL LIBERTIES POSED BY INTRUSIVE SECURITY PRECAUTIONS AND EXAMINED CASES OF SUCCESSFUL EXTRADITION OF HIJACKERS. QUESTIONS FROM THE FLOOR CONCERNED INTERNATIONAL CRIMINAL LAW AND HUMAN RIGHTS. NO REFERENCES WERE CITED. (TWK)