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Report No. 156

The Hague Convention of 1970

10.19. Article 1 provides that "Any person who on board an aircraft in flight:

(a) unlawfully, by force or threat thereof, or by any other form of intimidation, seizes or exercises control of that aircraft or attempts to perform any such act, or

(b) is an accomplice of a person who performs or attempts to perform any such act, commits an offence

This provision also does not define the term 'hijacking, but simply mentions its essential elements, nonetheless, according to International Law, following are the essential elements of the offence of hijacking:

(i) unlawful use of force or threat thereof or any other form of intimidation;

(ii) to do above-mentioned acts with a view to seize the aircraft or to exercise control over it;

(iii) the said acts should have been committed on board an aircraft in flight;

(iv) accomplice of person who performs to attempts to perform the above-mentioned act is also guilty of the offence of hijacking.

The above-mentioned essential elements are similar to those mentioned in Article 11 of the Tokyo Convention, 1963. The only innovation in Hague Convention, 1970 is that it includes an accomplice of a person who performs or attempts to perform any such act.



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