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D. Other Regulatory Provisions
The enormity of the offence of narcotic drug traf.cking by air pervades multi-farious delinquencies and criminal offences. These may lead to hijacking of air-craft, destruction of aircraft, interception of aircraft and several other offences leading to loss of life and destruction of buildings and installations. Therefore, in the overall perspective, the offence could be termed “misuse of civil aviation”.
The problem of “misuse of civil aviation,” “improper use of civil aviation,” “undue use of civil aviation” or “criminal use of civil aviation” was raised by several delegations at the 25th Session (Extraordinary) of the ICAO Assembly in April/May 1984 and was mentioned by several Representatives on the Council in the context of discussions on the proposed amendment of Annex 2 to the Conven-tion on International Civil Aviation with respect to interception of civil aircraft. In that context, several Representatives expressed concern that necessary proce-dures must be foreseen to prevent the use of civil aviation for unlawful purposes, in particular for drug traf.cking which is more and more generally recognized to be a serious crime against humanity. The problem to be addressed is essentially how to reconcile the protection of civil aircraft in situations of interception with the protection of the law and order of States concerned and with the enforcement of such applicable laws. The scope of the problem encompasses in particular the concern of several States whether Article 3 bis of the Chicago Convention and the amended Annex 2 leave suf.cient safeguards for States to prevent, prosecute and punish and deliberate use of civil aircraft for unlawful purposes.
Article 3 bis provides inter alia that every State must refrain from resorting to the use of weapons against civil aircraft in .ight. The worlds “refrain from” do not provide the necessary strength to the provision as it does not explicitly prohibit the use of weapons against aircraft in .ight. The study of the problem of “misuse” of civil aviation and of its consequences for law enforcement with respect to civil aircraft in .ight leads to the following conclusions:
(a)
Although the term “misuse of civil aviation” is a legally imprecise term which has no .rm basis in the Convention on International Civil Aviation apart from the title of Article 4, it still re.ects the overall threat posed by unlawful interference with civil aviation.
(b)
The phrase “any purpose inconsistent with the aims of this Convention” has historically a different meaning in Article 4 of the Convention and in para-graphs (b) and (d) of Article 3 bis.
(c)
The concept of “misuse of civil aircraft” should best be referred to as “deliberate use of civil aircraft for unlawful purposes.”
(d)
The Chicago Convention contains effective provisions safeguarding full juris-diction of States to prevent or prohibit the use of foreign aircraft for unlawful purposes in their territory.
The above conclusions may be drawn upon to use the relevant provisions of the Chicago Convention as a base to formulate other legal documents that would enforce more stringent control over this offence.
From an administrative perspective, certain measures may be taken to address the problem, and to limit and control production and distribution of drugs. These measures could be coordinated under the broad umbrella of the United Nations through the International Criminal Police Organization (ICPO, Interpol) and the World Customs Organization (WCO). States have a lead role to play in the introduction and implementation of Counterterrorist measures which are directly aimed at disbanding terrorist organizations. They could also enact effective legis-lation against money laundering which could, through national .nancing oversight mechanisms track and freeze payments and assets of drug dealers, etc. This rests mainly with national .nancial oversight authorities. Domestically, States could introduce drug rehabilitation programmes and provide adequate counselling and treatment to drug abusers. Above all, a stringent police presence would be needed to arrest street crimes that are drug related and drug deals on the streets.
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