International Criminal Law
162
where it does not prosecute, agreeing, instead, to extradite a national on the condition
that such person will be returned to the requested State to serve the sentence.
7.8
JURISDICTION WITH RESPECT TO CRIMES AGAINST CIVIL
AVIATION
The widespread seizure or hijacking of civil aircraft in the 1960s, mainly for political
purposes, culminated in the adoption of several treaties regulating specific aspects of air
terrorism. These agreements do not abandon the customary rule granting criminal
jurisdiction to the subjacent State; they merely supplement it by conferring competence
also to third countries. The first major attempt to combat a specific aspect of terrorism
wasmadebythe1963TokyoConventiononOffencesandCertainOtherActsCommitted
on Board Aircraft.
132
Article 4 of this instrument endowed the State of registration with
competence over the prescribed offences and, further, permitted jurisdiction under the
nationality (including the State of the lessee where the aircraft was leased without a
crew) and passive personality principles, as well as to the State where the accused took
refuge. Similarly,Art 4(1) of the 1970 Hague Convention for the Suppression of Unlawful
SeizureofAircraft(1970HagueConvention)
133
conferscriminaljurisdictionoverhijacking
and associated acts of violence to the State of registration, the State of landing (when the
accused is on board)
134
and the State of the lessee’s nationality. Paragraph 2 of Art 4
permits the exercise of criminal jurisdiction by any State on whose territory the alleged
offender is present, but only in respect of acts of hijacking, and para 3 allows the exercise
of criminal jurisdiction on any national legal basis.
The 1971 Montreal Convention adds two new jurisdictional elements in
comparison to the 1970 Hague Convention. First, it covers relevant acts perpetrated
not only ‘in flight’, but also ‘in service’.
135
Secondly, because the objective of the 1971
Montreal Convention was to supplement the provisions of the 1970 Hague
Convention in order to encompass, beyond acts of hijacking, also armed attacks,
sabotage and other forms of violence and intimidation against civil aviation, Art
5(1)(a) provides a further ground of jurisdiction when the offence is committed in
the territory of a contracting State.
7.9
INTERNATIONAL CRIMINAL JURISDICTION
The five principles discussed above address the ambit of the prescriptive competence
of States, as this emanates from treaties, custom and national legislation. As a
corollary, judicial and enforcement jurisdiction is limited in accordance with the
scope of municipal prescriptive competence. International criminal tribunals are
132 704 UNTS 219.
133 S Shubber, ‘Aircraft Hijacking under the Hague Convention 1970—A New Regime?’, 22
ICLQ
(1973),
687, p 714.
134 This was the basis of jurisdiction asserted by a Dutch District Court regarding the hijacking of a
British aircraft, whose crew was forced to land in Amsterdam:
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