NCJ Number
67721
Date Published
1971
Length
9 pages
Annotation
QUASI-LEGAL EFFORTS OF THE INTERNATIONAL CIVIL AVIATION ORGANIZATION (ICAO) TO DEAL WITH AIRLINE HIJACKING ARE REVIEWED; U.S. EFFORTS TO STRENGTHEN WEAKNESSES IN A PROPOSED 1970 ANTIHIJACKING CONVENTION ARE DESCRIBED.
Abstract
THE COUNCIL OF THE ICAO, IN RESPONSE TO ITS ASSEMBLY'S REQUEST TO STUDY STRONGER ALTERNATIVE MEASURES TO THE 1963 TOKYO CONVENTION FOR COPING WITH THE PROBLEM OF HIJACKING, ESTABLISHED A COMMITTEE ON UNLAWFUL INTERFERENCE TO DEAL WITH PREVENTIVE MEASURES. HOWEVER, THE COMMITTEE'S POWERS WERE WATERED DOWN TO THOSE OF A FACT FINDING GROUP ENTITLED TO MAKE MERE RECOMMENDATIONS. DESPITE THE STRONG STAND EMBODIED IN THE MONTREAL DECLARATION BY 91 COUNTRIES AT AN ICAO EXTRAORDINARY ASSEMBLY IN 1970, THE PRINCIPLES OF THIS DECLARATION WERE IGNORED WHEN THE HIJACKERS OF AN OLYMPIC AIRWAYS AIRCRAFT WERE ALLOWED TO GO FREE LESS THAN ONE MONTH LATER. ACCORDING TO THE U.S. POSITION, WEAKNESSES OF THE DRAFT CONVENTION ON UNLAWFUL SEIZURE OF AIRCRAFT PROPOSED FOR CONSIDERATION AT A CONFERENCE AT THE HAGUE IN DECEMBER 1970 ARE THE FOLLOWING: 1) THE INADEQUATE REQUIREMENT, THAT IN THE ABSENCE OF EXTRADITION, THE HIJACKER MERELY BE TURNED OVER TO THE PROSECUTING AUTHORITIES OF THE COUNTRY REFUSING EXTRADITION FOR A DETERMINATION OF WHETHER TO PROSECUTE, AND 2) THE ABSENCE OF A PROVISION FOR EXTRADITION PRIORITY TO THE STATE IN WHICH THE HIJACKED AIRCRAFT IS REGISTERED. IT IS ASSERTED THAT, THE U.S. GOVERNMENT CANNOT RECOGNIZE THE CRIMINAL ACT OF HIJACKING AS LEGITIMATE EVEN IN DESPERATE CIRCUMSTANCES (E.G., WHEN INDIVIDUALS ARE UNABLE, BECAUSE OF THEIR POLITICAL VIEWS, TO ESCAPE THEIR NATION IN ANY OTHER FASHION EXCEPT BY HIJACKING). THE FINAL SOLUTION TO THE PROBLEM OF HIJACKING WILL OCCUR ONLY WHEN ALL NATIONS AGREE TO CONDEMN HIJACKING, THEREBY DEPRIVING HIJACKERS OF ANY SAFE HAVENS AND RELIEVING CIVIL AVIATION FROM BEING USED AS A PAWN IN THE POLITICAL AND MILITARY CONTESTS THAT GO ON BETWEEN NATIONS. (DEG)