Abstract

The hijacking of a Lufthansa aircraft from Rome to Kuwait, via Athens, consequent upon the massacre at Rome airport, focused attention upon the problem of the prevention and punishment of aerial hijacking.This issue has many facets, but perhaps one of those which is of most interest to the lawyer is the institution of judicial proceedings against those involved. Insofar as international hijackings are concerned, the offender is always outside the territory of the country from or to which the aircraft is flying, either because of the diversion or because the hijacker has made his safe exit, a condition for the freeing of the aircraft or its passengers and crew. Invariably, too, he is outside the territory of the aircraft's state of registration. This means that extradition becomes a major issue, with the possibility of the hijacker seeking asylum in order to avoid his return to any of the various countries that may be seeking to place him on trial.

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