NCJ Number
69086
Journal
California Western International Law Journal Volume: 10 Issue: 1 Dated: (WINTER 1980) Pages: 123-152
Date Published
1980
Length
30 pages
Annotation
INTERNATIONAL MEASURES ESTABLISHED BY THE 1970 HAGUE CONVENTION AND THE BONN DECLARATION OF 1978 HAVE FAILED TO DETER SKYJACKING. MANDATORY SENTENCING STANDARDS ARE NECESSARY TO ENFORCE THE DECLARATION SANCTIONS.
Abstract
A MAJOR ADVANCE IN DETERRING SKYJACKING WOULD BE THE ELIMINATION OF SANCTUARIES OF SKYJACKERS. MANY SKYJACKERS ARE POLITICAL REFUGEES WHOSE RIGHTS ARE REGARDED AS PARAMOUNT. INTERNATIONAL TERRORISTS OFTEN RECEIVE POLITICAL ASYLUM AND REWARDS FOR SKYJACKING FROM SYMPATHETIC NATIONS. THE HAGUE CONVENTION OF 1970 WAS SUPPOSED TO DETER SKYJACKING BY ASSURING PUNISHMENT FOR ANY SKYJACKER. HOWEVER, A PRECISE INTERPRETATION OF ARTICLE SEVEN REVEALS THAT A PARTY TO THE CONVENTION MUST EITHER EXTRADITE A SKYJACKER OR PRESENT THE CASE TO APPROPRIATE AUTHORITIES. PUNISHMENT IS ONLY A POSSIBILITY. THE PENALTY PROVISION MENTIONS, BUT DOES NOT DELINEATE, SEVERE PUNISHMENTS. THIS IS OFTEN AVOIDED BY IMPOSING VERY LIGHT SENTENCES FOR 'POLITICAL REFUGEES.' THE BONN DECLARATION OF 1978 ATTEMPTED TO ELIMINATE SANCTUARIES FOR SKYJACKERS AND IMPOSE AN AIRCRAFT BOYCOTT AGAINST ANY STATE REFUSING TO EXTRADITE OR PROSECUTE SKYJACKERS. HOWEVER, ENFORCEMENT OF THE DECLARATION IS COMPLICATED BY PROBLEMS IN INTERPRETATION, QUESTIONS OF THE LEGAL FORCE OF THE DECLARATION, AND THE ISSUES OF ACCEPTANCE OF SUCH SANCTIONS BY THE INTERNATIONAL COMMUNITY, THE WILLINGNESS OF STATES TO ENGAGE IN ENFORCEMENT MEASURES, AND THE EFFECTIVENESS OF SANCTIONS AS A DETERRENT TO SKYJACKING. IN THE FINAL ANALYSIS, EFFECTIVE JOINT INTERNATIONAL EFFORTS TO DETER STATES FROM HARBORING SKYJACKERS WILL NOT BE IMPLEMENTED UNTIL SKYJACKING BECOMES ECONOMICALLY INTOLERABLE.