船上犯罪的管辖权

Apoorva Sudhakar
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引用次数: 0

摘要

我们经常看到各种媒体描述飞机上发生的各种犯罪活动。然而,就像大多数流行媒体一样,直接造成了大量关于此类活动和可能管辖这些活动的任何管辖权的错误信息。本文试图简化和明确谁对在飞机上犯下的任何罪行拥有审判管辖权。就像在公海上的海上船只上犯下的罪行一样,在这种情况下,人们通常认为船长或其他级别最高的个人被认为是最终的权威。这些误解需要澄清,本文将尝试这样做。本文的主要问题和目的将是简化,并试图具体准确地回答可能涵盖在飞机上犯下的任何罪行的管辖权。关于这一专题的许多立法载于1963年9月14日在东京签署的《关于在航空器内实施的犯罪和某些其他行为的公约》,俗称1963年《东京公约》。需要这样一项公约是为了应对1958年的劫机浪潮,当时飞机被劫持并被用来转移到美国,反之亦然。在1961年的劫机浪潮中,飞机从美国转移到古巴。为了防止飞机进一步改道,国际民航组织法律委员会于1962年在罗马举行会议,起草了一项关于国际飞行中在飞机上所犯罪行的公约。这一被称为《罗马草案》的草案已提交世界各国征求意见,1963年在东京召开了一次外交会议以供最后核准。
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JURISDICTION OF CRIMES ON BOARD
We have often viewed various Media that depict various criminal activities occurring on board Planes. However, much like most popular media, a large amount of misinformation about such activities and any jurisdiction that may govern them have been caused as a direct result. The paper attempts to simplify and clarify exactly who holds the jurisdiction to trial over any crimes committed on board Aeroplanes. Much like with crimes committed aboard sea vessels in the high seas, it is often assumed that the captain, or otherwise highest ranked Individual is considered the ultimate authority in such cases. Such misconceptions need clarification, and this paper will attempt to do so. The main question and purpose of this paper, will be to simplify, and attempt to answer specifically exactly what jurisdiction exists that may cover any crimes committed on board aeroplanes. Much of the legislation on the topic is contained within the Convention on Offences and Certain Other Acts Committed on Board Aircraft, Signed at Tokyo, on 14 September 1963, Popularly known as the Tokyo Convention of 1963. The need for such a convention was in response to the wave of hijackings in 1958 where aircrafts were hijacked and used to divert to the US and vice versa in the 1961 wave of Hijackings there was a wave of diversions of aircraft from the United States to Cuba. To prevent further aircraft diversions, the Legal Committee of the ICAO met in Rome in 1962 to draft a convention on the subject of crimes committed on board an air-craft in international flight. This draft known as the Rome Draft was submitted to the States of the world for comment and a diplomatic conference was convened in Tokyo in the year 1963 for final approval.
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