Security Counciland

International Hijacking

Course: LLB II

Subject : Public International Law

Unit: 4

Contents1. Security Council2. International Hijacking

Security Council

• The Security Council has primary responsibility for the maintenance of international peace and security.

• Some of its actions have international law implications, such as those that relate to peacekeeping missions, ad hoc tribunals, and sanctions.

Security Council

• In accordance with Article 13(b) of the Rome Statute, the Security Council can refer certain situations to the Prosecutor of the International Criminal Court (ICC), if it appears international crimes (genocide, crimes against humanity, war crimes, the crime of aggression) have been committed.

Security Council

Most legal systems provide for the use of forceful sanctions orpenalties against malefactors. Under the Charter of theUnited Nations, the Security Council may take ‘enforcementaction’ against a state when it poses a threat to the peace, or

has committed an act of aggression or breach of the peace(Art. 39 and Chapter VII UN Charter)

Security Council

• Enforcement action is authorised by resolution of the Council and may comprise military action, as with the use of force by the UN in Korea in 1950, against Iraq in 1990/91 and as authorised (but barely used) against Indonesia over East Timor in 1999/2000; or economic sanctions, as with the trading restrictions and embargoes against South Africa in 1977 and Serbia/Montenegro in 1992; or

• other similar measures, be they diplomatic, political or social, such as the mandatory severance of air links with Libya (as a result of the Lockerbie incident) in 1992 and April 1993 and the partial embargo imposed on North Korea by SC Res.

Security Council

• (2006) following the latter’s nuclear test. The Security Council may even act against non-state entities, as with SC Res. 1390 (2002) imposing financial and economic sanctions against the Al-Qaida organization and the Taliban.

• Of course, there are limitations to the exercise of this power, both political and legal.

International Hijacking

International hijacking

• A Pakistan Air Force T-33 trainer was hijacked on August 20, 1971 before Indo-Pakistani war of 1971 in Karachi when a Bengaliinstructor pilot, Flight Lieutenant Matiur Rahman, knocked out the young Pilot Officer Rashid Minhas with the intention of defecting to India with the plane and national secrets. On regaining consciousness in mid-flight, Rashid Minhas struggled for flight control as well as relaying the news of his hijack to the PAF base. In the end of the ensuing struggle he succeeded to crash his aircraft into the ground near Thatta on seeing no way to prevent the hijack and the defection. He was posthumously awarded Pakistan's highest military award Nishan-e-Haider (Sign of the Lion) for his act of bravery.[8][9][10][11][12] Matiur Rahman was awarded Bangladesh's highest military award, Bir Sreshtho, for his attempt to defect to join the civil war in East Pakistan

Dealing with hijackings

• Before the September 11, 2001 attacks, most hijackings involved the plane landing at a certain destination, followed by the hijackers making negotiable demands. Pilots and flight attendants were trained to adopt the "Common Strategy" tactic, which was approved by the FAA. It taught crew members to comply with the hijackers' demands, get the plane to land safely and then let the security forces handle the situation. Crew members advised passengers to sit quietly in order to increase their chances of survival. They were also trained not to make any 'heroic' moves that could endanger themselves or other people.

Informing air traffic control

• To communicate to air traffic control that an aircraft is being hijacked, a pilot under duress should squawk7500 or vocally, by radio communication, transmit "(Aircraft callsign); Transponder seven five zero zero." This should be done when possible and safe. An air traffic controller who suspects an aircraft may have been hijacked may ask the pilot to confirm "squawking assigned code." If the aircraft is not being hijacked, the pilot should not squawk 7500 and should inform the controller accordingly. A pilot under duress may also elect to respond that the aircraft is not being hijacked, but then neglect to change to a different squawk code.

Prevention

• Cockpit doors on most commercial airliners have been strengthened and are now bullet resistant. In the United Kingdom, United States, Canada, Australia, Austria, the Netherlands and France, air marshals have also been added to some flights to deter and thwart hijackers. Airport security plays a major role in preventing hijackers. Screening passengers with metal detectors and luggage with x-ray machines helps prevent weapons from being taken on to an aircraft. Along with the FAA, the FBI also monitors terror suspects. Any person who is seen as a threat to civil aviation is banned from flying.

References

• 1.www.un.org/en/documents/charter/chapter7.shtml (security councils)

• 2. research.un.org/en/docs/law/sc

• Thank You