[Draft 3] - Aircraft Terrorism Prohibition

[Simone]

The World Assembly,

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

Desiring a common protocol among WA states to combat such acts;

The WA hereby enacts as follows:

1. Definitions.
   1. "Aircraft" means anything defined by the International Aero-Space Administration 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, such as policing, customs, or warfare.
   3. An aircraft is deemed “in service” from the start of the preflight preparation of the aircraft for flight until all of the passengers 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 analogous facilities. "Airport" excludes any facilities used for purely non-civilian purposes, but includes facilities with both civilian and non-civilian uses.
   5. "Offence" means a criminal offence.
   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 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. An act of mutiny by any crew members in an aircraft in service against the flag state.
3. Compromises on safety. An individual who deliberately performs any of the following acts commits an offence, if that act is 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 significant 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 responsibility 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 clause (3).
6. Jurisdiction.
   1. All WA states are required to criminalise 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. The flag state of the aircraft (or the WA itself in cases involving aircraft operated by, for, or on behalf of a WA organ) has first claim on jurisdiction.
   4. This resolution does not preclude any criminal charges exercised according to national laws.
7. WAJC roles. The WAJC shall have jurisdiction on:
   1. any disputes over jurisdiction between WA states (or between WA states vs the WA).
   2. any crimes committed against aircraft under the flag of the WA.

 

[Simone]

Reminder to redefine to "WA organs" because of ITSC, IASA, PDAA etc overlap.