hypothetical international law questions - Essay Example

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hypothetical international law questions

Answer: As per the UN Charter of human rights, human rights of all the passengers are violated in this case. According to the International Convention Against Taking of Hostages(1979) the passengers can seek damages for the violation of their human rights.
2. They can argue that they are political criminals fighting for a just cause and are not terrorists, and it is very important principle of the International law that extradition for political crimes is not allowed.
1. The act of USA's military forces gathering just outside Libya's twelve-mile territorial sea, but within plain view of the Libya coastal defense forces is a hostile act and can be considered as an act of war against Libya. USA can not resort to such tactics without clear cut evidence of the participation of the Libyan State in the crime of hijacking, otherwise it has to be considered as a terrorist act committed by some individuals. Even if USA was convinced that the some Libyan Political leaders are clandestinely involved in this crime, in that case USA should have approached the UN security council first to take a collective action for protecting the interests of the passengers on board the aircraft.
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Summary

The principle of universal jurisdiction is recognized in respect of the crime of piracy and war crimes. Since hijacking is generally described as aerial piracy, the principle of universal hijacking applies in respect of the crime of hijacking. By universal jurisdiction in respect of a crime, it is meant that the crime is against the international community and in order to suppress such a crime, all states can exercise jurisdiction in respect of the crime…
Author : ernieupton

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