| Abstract [eng] |
The master 's thesis analyses the concept of civil aircraft hijacking and its components, identifies the main rules of jurisdiction and reveals their problems, as well as identifies various response measures of states and international organizations in response to civil aircraft hijackings. For many years, the concept of hijacking civilian aircraft has been narrowly understood in the 1963 Tokyo, 1970 Hague and 1973 Montreal Conventions, but in the first part of the paper, the concept of hijacking is examined in the light of current and technological developments, as well as through the rules of interpretation of international agreements, i.e. not limited to the text of the conventions. The hijacking of civil aircraft shall not be limited to threats or the use of force by an individual on board to obstruct, hijack, divert or otherwise affect the operation of the aircraft in flight. Hijackings of civilian aircraft include terrorist attacks (using aircraft), en-route or forced landings, civilian hostage-taking, and cyber-breaches of aircraft control systems. The second part of the paper sets out the basic rules of jurisdiction and clarifies that when aircraft take off and operate international flights, several states may exercise jurisdiction over the aircraft. Priority is given to the jurisdiction of the State of registry, but if the aircraft is in the airspace of the State, the State concerned may exercise jurisdiction in certain situations on a territorial basis. Flights affecting flight safety may be subject to the jurisdiction of the State of landing, and persons who have committed hijackings may be subject to the criminal jurisdiction of their State of nationality or to the State at risk of hijacking. The third part of the paper discusses all possible responses to help states and international organizations combat hijackings. The development of national response measures, national response measures, the role of ICAO in the fight against hijacking, the Institute for Self-Defense as a response to hijackings that threaten international peace and security, and the application of international repression and sanctions are discussed. |
