[GA, passed] - Aircraft Terrorism Prohibition

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Aircraft Terrorism Prohibition
Category: Regulation | Area of Effect: Transportation
Proposed by: Simone Republic | Onsite Topic​

The World Assembly (WA),

Condemning in the strongest possible terms the use of civilian airplanes as weapons of destruction, or other grotesque acts such as hijackings and deliberate destruction of aircraft;

Desiring a common protocol among WA states to criminalize such acts, especially when such acts involve multiple states;

The WA hereby enacts as follows:

  1. Definitions.
    1. "Aircraft" means anything defined by WA organs as being able to travel in airspace relying on its own power, excluding any living flying creatures.
    2. "Aircraft" excludes flying object used for a non-civilian purpose as defined by national laws or extant WA resolutions. "Non-civilian" includes the use of aircraft designed for civilian use for non-civilian purposes.
    3. An aircraft is deemed “in service” from the start of the preflight preparation of the aircraft for flight until all of the passengers, crew and cargo have disembarked from the aircraft, including the time spent in flight.
    4. "Airport", for convenience, includes not just aerodromes but also heliports, spaceports, seaports serving flying boats, and similar facilities. "Airport" excludes any facilities used for purely non-civilian purposes but includes dual-use facilities.
    5. "WA organs" means any of the committees of the WA.
    6. "WAJC" means the WA Judiciary Committee.

  2. Destruction. An individual who deliberately performs any of the following acts commits an offence:
    1. Destroying an aircraft in service; or
    2. Using an aircraft in service to cause death, bodily injury, or causing any significant damage to physical property or the environment;
    3. An act of force to attempt to or seize or otherwise take control of an aircraft in service; or
    4. Mutiny by any crew members in an aircraft in service.

  3. Threats to safety. An individual who deliberately performs any of the following acts commits an offence, if that act is deemed likely to compromise the safety of that aircraft in service:
    1. An act of violence against anyone onboard an aircraft;
    2. An act of causing damage to an aircraft, or any of the equipment inside an aircraft;
    3. An act of communicating critical information that the individual knows to be materially false to anyone who has a duty to ensure the safety of any aircraft, such as to airport staff, pilots, and air traffic controllers;
    4. An act of causing damage to any equipment serving international aircraft traffic, such as navigation systems on the ground or any airport facilities; or
    5. An act of causing significant disruptions to the operations of an airport.

  4. Aiding and abetting.
    1. An individual who deliberately aids, abets, induces, or counsels any other individual to commit any of the acts stated in clauses (2) and (3) commits an offence.
    2. An individual who deliberately threatens to commit any of the acts stated in clauses (2) and (3) in a manner that can be interpreted by a reasonable person as making a credible threat commits an offence.

  5. Mitigating factors.
    1. Self-defense is a valid defense for anyone charged with an offence under clauses (2), (3) and (4).
    2. An individual misled into committing such acts is a mitigating factor for an offence under clauses (3) and (4).
    3. Inebriation, drug-induced effects, or a lack of mental capacity are mitigating factors for an offence under clauses (3) and (4).
    4. The lack of capability to carry out the said threats is not a mitigating factor for an offence under sub-clause (4)(b).

  6. Scope of jurisdiction.A WA state may assert jurisdiction on any of the acts committed under clauses (2) to (4) if:
    1. A WA state is the flag state of the aircraft; or
    2. The act occurred within the airspace of the said WA state; or
    3. The act damaged the property or the environment of a WA state; or
    4. The act killed, injured, or harmed an individual who is subject to the jurisdiction of the WA, WA organs or that WA state.

  7. Jurisdiction.
    1. All WA states are required to criminalize all of the offences stated in this resolution.
    2. The principle of aut dedere aut judicare applies to anyone who commits an offence under clauses (2) to (4).
    3. This resolution does not govern (i) any conduct during wartime, whether such war is declared or otherwise; or (ii) any criminal charges derived from national laws.

  8. WAJC roles. The WAJC shall have jurisdiction on:
    1. any disputes over jurisdiction between WA states (or between WA states vs the WA); or
    2. any acts committed against aircraft under the flag of the WA; or
    3. any acts for which a non-WA state has voluntarily abandoned assertion of jurisdiction.
Click to expand...
Note: Only votes from TNP WA nations, NPA personnel, and those on NPA deployments will be counted. If you do not meet these requirements, please add (non-WA) or something of that effect to your vote. If you are on an NPA deployment without being formally registered as an NPA member, name your deployed nation in your vote.
Voting Instructions:
  • Vote For if you want the Delegate to vote For the resolution.
  • Vote Against if you want the Delegate to vote Against the resolution.
  • Vote Abstain if you want the Delegate to abstain from voting on this resolution.
  • Vote Present if you are personally abstaining from this vote.
Detailed opinions with your vote are appreciated and encouraged!

ForAgainstAbstainPresent
7100
 
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Overview
This resolution implements across WA states a single framework to combat aircraft-related terrorism, modelled after the real life Hague Hijacking Convention and the (post 9-11) Beijing Convention. The proposal broadens WA jurisdiction on terrorism to include any acts that harm any individual under the jurisdiction of a WA state and imposes an "either prosecute or extradite" mandate across all WA states.

RecommendationWe believe the resolution is a sensible adaptation of real life conventions on cooperation between states to combat heinous acts of terrorism. Given that most other terrorism related resolutions have been repealed (for various reasons), this resolution makes a start towards rebuilding WA laws in this area.

For the above reasons, the Ministry of World Assembly Affairs recommends a vote For the at-vote GA resolution, "Aircraft Terrorism Prohibition".
 
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For as author. It basically makes it a criminal offence across the WA to do things like crashing fuel laden passenger planes into the defense headquarters of a major country or very tall skyscrapers in major cities and kill several thousand innocent people in the process, as well as a long list of related offences, mostly based off the 2010 Beijing Protocol, such as feeding false information to pilots.

It also makes it a universal offence, similar to piracy - if you are in the WA, and you managed to arrest a criminal that did this, you must prosecute or handover to someone who does.
 
For

I suppose the intention of this must be to extend jurisdiction over existing crimes involving aircraft, in which case I don't really see any (technical) issues to which one can object.
 
nvxl:
For

I suppose the intention of this must be to extend jurisdiction over existing crimes involving aircraft, in which case I don't really see any (technical) issues to which one can object.
Click to expand...

That's one of the purposes, namely clause 6(d). So the WA asserts jurisdiction as long as say one of the planes that crash into the Twin Towers includes at lease one passenger who is a WA citizen.
 
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