Terrorism, Hijacking, Icc Flashcards
Define hijacking
Unlawful seizure of an aircraft by an individual or a group
Customary IL and extradition treaties failed in this regard. Hence various treaties
Unique challenge of jurisdiction inherent
3 convention relating to hijacking
- Tokyo convention 1963- dealt with the problem of jurisdiction all crimes abroad civil aircraft
- Hague convention 1970- exclusively with hijacking, inflight
- Montreal convention 1971 - extended ambit of Hague, in service, other crimes - sabotage, armed attack, violent attack
2 protocols wrt hijacking
- Protocol of montreal convention 1988
- widened ambit of MC to include attack against people at airports - Bejing protocol 2010
Crimialised - civil aircraft as weapon, using dangerous material to attack aircraft on ground, illegal transport of BCN weapn
Structure of icc
- Assembly- presidency
- Judicial division - 18 judges - 3 divisions ( pre trail, trial, appeal)
- Office of prosecutor
- Registry
Exercise of jurisdiction of icc
- When sec council refers to prosecutor
- To the p by a state party to statute
- When p himself initiates investigation
Law that would apply to icc
Rome statute, treaties, gpl, domestic legal system of those states
No mention of customary il
Issues with icc
- 15 years - 4 conviction- Africa
- Huge voulme of evidence from foreign state - uhuru kenyatta
- No Double jeopardy ( tried by national and aquitted)
- Not before rome statute
- Not alk crimes - drug trafficking, terrorism
- Usa, china, Russia, india
7 . Greatest triumphs - prosecuting war criminals in congo - relentless
Intro for terrorism
- Unsettled def. How widely
- One man terrorists, another mans freedom fighter
- Out of the 8 conventions- intl convention for suppression of financing of terrorism indirectly defines - death, serious injury to a civilian or any other person- to intimidate a popln, to compel an govt or IO from doing or abstaining
- Terrorism as per the UNGA resolutions of 2003 and 2004 has a negative effect on HR, FR, Rule of law enshrined in UNC AND UNDHR
UNSC resolution 1373 (of 2001)
Threat to IPS. there exists rt to self defense. States shall work together to suppress terrorist acts in accordance with UN charter
Funding
- Prevent and suppress funding
- Criminalize fund raising
- freeze assets and funds of persons related
Duty
1. Active or passive support no
2. Necessary steps to prevent
3. Deny safe haven
4. Bring to justice
5. Serious criminal offence under domestic law
6 . Assist other states to obtain evidence
7. Prevent movement of terrorists - effective border control
8. Give no asylum
UNSC resolution 1624 (2005)
It pertains incitement to commit acts of terrorism
Duty of state to
1. Prohibit it by law
2. Prevebt such conduct
3. Deny safe havens to anyone guilty of such conduct
Conclusion for the un resolution against terrorism
Guided by un resolution CTC works to bolster the ability of states to prevent terrorist acts
Ctc guided by Counter terrorism executive directorate. Functions
1. Expert assessment of UN member states
2 facilitates counter terrorism technical assistance
3. Support member states to have a proactive policy
Both ctc and cted was set up after 2001 twin tower attack
Ccit
- Universal def - no good no bad
- Ban on all groups regardless of country of operations
- Prosecute all- including cross border
- Amending domestic laws to make cross border terror extraditable
Few other instruments aimed against terrorism
- Intl convention of suppression of terrorist bombing
- Suppression of financing terrorism
- Supression of acts of nuclear terrorism
Regional
- Saarc regional convention on supression of terrorism
- Org of african unity C on P and compating of terrorism
- ASEAN convention on counter terrorism
Trace the devp of international law relating to sovereignty over air space
- Paris convention on Ariel navigation 1919- complete sovereignty, innocent passage during peace time, no rules for war time
- Havana convention
- Warsaw Convention 1929 - international carriage
- Chicago convention 1944
a. Complete and exclusive sovereignty
b. Territory
C. State aircraft
d. Commercial aircraft’s
e. 5 freedoms of air
Outer space treaty 1967 key provisions
- Peaceful use of outer space - no nw or weapons of mass destruction
- Non appropriation of outer space - common heritage of all humanity
- International cooperation
- Liability and Harmful Interference: States are held responsible for the activities of their space objects, whether governmental or non-governmental. I
- Moon and celestial bodies to be explored for the benefit of humanity as a whole
