Aviation Security Law 航空安全法(159)

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In the former times it was said to be a customary rule of international law that after the
seizure, pirates could at once be hanged or drowned by the captor.
The laws dealing with the offence of piracy went through a sustained process of evolution. In 1956, while considering legal matters pertaining to the law of the sea, the International Law Association addressed the offence of piracy and recom-mended that the subject of piracy at sea be incorporated in the Draft Convention of the Law of the Sea. This was followed by the United Nations General Assembly Resolution (Resolution No. 1105 (XI) in 1957 which called for the convening of a diplomatic conference to further evaluate the Law of the Sea). Accordingly, the Convention of the High Seas was adopted in 1958 and came into force in September 1962.
The Geneva Convention of the High Seas of 1958551 was the .rst attempt at international accord to harmonize the application of rules toboth piracy at sea and in air. The Convention adopted authoritative legal statements on civil aviation security, as it touched on piracy over the high seas.552
Article5 of the Convention inclusively de.nes piracy as follows:
Piracy consists of any of the following acts:
(1)  
Any illegal acts of violence, detention or any act of depredation, committed for private ends by the crew or the passenger of a private ship or a private aircraft, and directed:

(a)
on the high seas, against another ship or aircraft, or against persons or property on board such ship or aircraft;

(b)
against a ship, aircraft, persons, or property in a place outside the jurisdiction of any state;

 

(2)  
Any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft;

(3)  
Any act of inciting or of internationally facilitating an act described in sub-paragraph1 or sub-paragraph 2 of this article.

As provided for by Article 14 of the Convention, there is incumbent on all States a general duty to “co-operate” to the fullest extent in the repression of piracy as de.ned by the Convention. One commentator has observed,
The International Law Commission in its 1956 report, however, deemed it desirable to
enjoin co-operation in the repression of piracy, to de.ne the act to include piracy by
551The Geneva Convention was opened for signature at Geneva on 16 November 1937. See
Hudson(1941, p. 862), U.N. Doc. A/C.6/418, Annex 1, at 1.
552League of Nations, Of.cial Journal, 1934, at 1839.

B. International Conventions
aircraft, as set forth in the repressive measures that may justi.ably be taken. The United Nations conference on the Law of the Sea in Geneva in 1958 accordingly incorporated these adjustments of the law to modern times in its convention on the High Seas.553
Article 14 seemingly makes it a duty incumbent upon every State to take necessary measures to combat piracy by either prosecuting the pirate or extraditing himtothe State whichmightbeina better positionto undertakesuchprosecution. The Convention, in Article 19, gives all States universal jurisdiction under which the person charged with the offence of aerial or sea piracy may be tried and punished by any State into whose jurisdiction he may come. This measure is a proactive one in that it eliminates any boundaries that a State may have which would preclude the extradition or trial in that State of an offender. Universal jurisdiction was conferred upon the States by the Convention also to solve the somewhat complex problem of jurisdiction which often arose under municipal law where the crime was committed outside the territorial jurisdiction of the particular State seeking to prosecute an offender. The underlying salutary effects of universal jurisdiction in cases of piracy and hijacking which was emphasized by the Conven-tion, is discussed in the following manner:
　
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