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United States of America v. Yunis (No 2)

United States.  12 February 1988 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Air — Hijacking — Whether crime of universal jurisdiction — Measures for the suppression of air piracy — Hague Convention for the Suppression of Unlawful Seizure of Aircraft, 1970 — Montreal Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, 1971 — International Convention against the Taking of Hostages, 1979

Jurisdiction — Extraterritorial — Principles on which States may exercise extraterritorial jurisdiction — Crimes of universal jurisdiction — Aircraft hijacking — Hostage taking — Whether universal crimes

Jurisdiction — Extraterritorial — Passive personality principle of jurisdiction — Whether nationality of victim a sufficient ground for exercise of jurisdiction — Whether recognized by international law — Hostage taking — Whether passive personality principle applicable — Limits on passive personality principle

Jurisdiction — Executive — Limits on power of State to apprehend offender outside its territory — Application to case where offender accused of crime of universal jurisdiction — Offender arrested on high seas

Relationship of international law and municipal law — Interpretation of legislation — Presumption that Congress did not intend to legislate in a manner contrary to international law — Presumption against extraterritorial effect of legislation — Legislation relating to aircraft hijacking and hostage taking — Intention to create broad jurisdiction — Intention that legislation should give effect to treaties — The law of the United States

Type
Case Report
Copyright
© Cambridge University Press 1990

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