The international legal framework governing the treatment of unruly passengers : Tokyo convention flaws

Abstract

The law has yet to catch up adequately with conventional aviation. This lag is nowhere more noticeable than in the field of criminal law and criminal jurisdiction as applied to civil aircraft1. Crimes that are committed on board the aircraft will include crimes like assault, theft and unruly behaviour2. A common dominator amongst these crimes is that the rules dealing with jurisdiction pose a significant source of controversy. Early expressions of the criminal conduct in international flights exposed lacunae in air law, which international lawyers are struggling to fill3. Because of this lacuna, as familiar problems present themselves in changing ways, therefore there is a need for a regime governing crimes in the air to be continuously reassessed and developed. In the last years, it became apparent that no rules exist for misbehaviour on board the aircraft in flight4, rules governing the exercise of jurisdiction over common crimes in airspace and on board the aircraft are sophisticated and unsettled