曝光台 注意防骗
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References
Bell R (1991) The history of drug prohibition and legislation. Interpol International Criminal
Police Review, September – October 1991 Hartelius J (2008) Narcoterrorism, Policy Paper 3/2008. United Nations
Chapter 5 The Unlawful Interference Conventions
A. United Nations General Assembly Resolutions on Unlawful Interference with Civil Aviation
During its 24th session on December 1969, the United Nations General Assembly discussed the problem of “forcible diversion of civil aircraft” and adopted Resolu-tion 2551 (XXIV),515 in which the General Assembly stated its deep concern over acts of unlawful interference with international civil aviation. The General Assem-bly also called upon States to take every appropriate measure to see that their respective national legislation provides an adequate framework for effective legal measures against all kinds of acts of unlawful seizure of civil aircraft. It furthermore called upon States to ensure that persons on board who perpetrate such acts are prosecuted. The General Assembly urged that States give their fullest support to the International Civil Aviation Organisation in its endeavours towards the speedy preparation and adoption of a convention which would provide for appropriate measures which would make the offence of unlawful seizure of aircraft punishable. The commission of the offence would lead to the prosecution of persons who commit it. By this resolution, the General Assembly also invited States to ratify and accede to the Convention on Offenses and Certain Other Acts Committed On Board Aircraft, signed in Tokyo on 14 September 1963.516
On 25 November 1970 the General Assembly adopted Resolution 2645 (XXV)517 which condemned without exception whatsoever all aerial hijacking or other interference with civil air travel causedthrough the threat or use of force. The Resolution also condemned all acts of violence which may be directed against passengers, crew and aircraft engaged in, and air navigation facilities and aeronau-tical communication used by civil air transport. The Assembly called upon States to
515Resolution 2551 (XXIV). The Resolution was adoptedbya voteof77in favour,2against with
17 abstentions.
516The Tokyo Convention will be discussed in some detail later.
517Resolution 2645 was adoptedby 105 in favour, none against and8 abstentions.
R. Abeyratne, Aviation Security Law, DOI 10.1007/978-3-642-11703-9_5, # Springer-Verlag Berlin Heidelberg 2010
take all appropriate measures to deter, prevent or suppress such acts within their jurisdiction, at every stage of the execution of those acts, and to provide for the prosecution and punishment of persons who perpetrate such acts, in a measure commensurate with the gravity of those crimes, or extradite such persons for the purpose of their prosecution and punishment. Furthermore, the Assembly con-demned the exploitation of unlawful seizure of aircraft for the purpose of taking of hostages, calling upon States to take joint and separate action, in accordance with the United Nations Charter and in co-operation with the United Nations and International Civil Aviation Organisation so that passengers, crew and aircraft engaged in civil aviation are not used for purposes of extortion.
The international community thus condemned terrorism against air transport by giving of.cial recognition to such condemnation and called upon all States to contribute to the eradication of the offence by taking effective, preventive and deterrent measures. Notwithstanding the weight of these resolutions the General Assembly has seemingly deprived itself of the opportunity of declaring the offence of hijacking an international crime under international law. The world condemna-tionofthe offencehasleftthe questionopentoStatesastowhetherthe international community would collectively respond in the face of a crisis related to unlawful interference with civil aviation. Another blatant weakness of the Resolution is that the provisions of the resolution regarding extradition are ambivalent. The Resolu-tion has also remained silent as to whether politicalmotive would be a valid ground against extradition or not. It is submitted that the General Assembly should have considered adopting the principle that political motive will not be a factor affecting the extradition of hijackers.
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