• Title/Summary/Keyword: Aircraft Terrorism

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A Study on the Suppression and Punishment of International Terrorism (국제(國際)테러리즘의 억제(抑制)와 처벌(處罰)에 관한 연구(硏究) -중국민항기(中國民航機) 공중납치사건(空中拉致事件)을 중심(中心)으로-)

  • Yoh, Yeung-Moo
    • The Korean Journal of Air & Space Law and Policy
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    • v.1
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    • pp.87-123
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    • 1989
  • The purpose of this thesis is to do a research on suppression of peacetime international terrorism and penal system of terrorists by political and economic means. International terrorism means wanton killing, hostage taking, hijacking, extortion or torture committed or threatened to be comitted against the innocent civilian in peacetime for political motives or purposes provided that international element is involved therein. This research is limited to international terrorism of political purposes in peacetime, especially, hijacking of civil aircraft. Hijacking of civil aircraft include most of international terrorism element in its criminal act and is considered to be typical of international terrorism in view of multinationality of its crews, passengers and transnational borders involved in aircraft hijacking. Civil air transportation of today is a indispensable part of international substructure, as it help connect continuously social cultural and economic network of world community by dealing with massive and swift transportation of passengers and all kinds of goods. Current frequent hijacking of civil aircraft downgrade the safety and trust of air travel by mass slaughter of passengers and massdestruction of goods and endanger indispensable substructure of world community. Considering these facts, aircraft hijacking of today poses the most serious threat and impact on world community. Therefore, among other thing, legal, political, diplomatic and economic sanctions should be imposed on aircraft hijacking. To pursue an effective research on this thesis aircraft hijacking by six Chineses on 5th May, 1983, from mainland China to Seoul, Korea, is chosen as main theme and the Republic of Korea's legal, political and diplomatic dealing and settlement of this hijacking incident along with six hijackers is reviewed to find out legal, political diplomatic means of suppression and solution of international terrorism. Research is focused on Chinese aircraft hijacking, Korea-China diplomatic negotiation, Korea's legal diplomatic handling and settlement of Tak Chang In, mastermind of aircraft hijacking and responses and position of three countries, Korea, China and Taiwan to this case is thoroughly analyzed through reviewing such materials as news reportings and comments of local and international mass media, Korea-China Memorandum, statements of governments of Korea, China and Taiwan, verdicts of courts of Korea, prosecution papers and oral argument by the defendants and lawyers and three antiaircraft hijacking conventions of Hague, Tokyo and Montreal and all the other instruments of international treaties necessary for the research. By using above-mentioned first-hand meterials as yardsticks, legal and political character of Chinese aircraft hijacking is analyzed and reviewed and close cooperation among sovereign states based on spirit of solidarity and strict observance of international treaties such as Hague, Tokyo and Montreal Conventions is suggested as a solution and suppressive means of international terrorism. The most important and indispensable factor in combating terrorism is, not to speak, the decisive and constant resolution and all-out effort of every country and close cooperation among sovereign states based on "international law of cooperation."

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A Study on the Legal Control of Aircraft Terrorism by International Criminal Court(A Suggestion for the Amendment of ICC Statute) (국제형사재판소(國際刑事載判所)통한 항공기(航空機)테러범죄 규제에 관한 연구- ICC규정(規程)개정 위한 입법론적 고찰을 중심으로 -)

  • Kim, Man-Ho
    • The Korean Journal of Air & Space Law and Policy
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    • v.15
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    • pp.40-66
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    • 2002
  • The purpose of this paper is to investigate the legal controㅣ, by using the International Criminal Court(ICC) that will enter into force to the most serious crimes of concern to the international community as a whole, and regulates the jurisdiction with respect to the following crimes: (a) The crime of genocide; (b) Crimes against humanity; (c) War crimes; Cd) The crime of aggression. However, the existing ICC Statute excludes (e) Crimes, established under or pursuant to the treaty, which was regulated by the ICC draft statute that the International Law Commission(ILC) examined and submitted to the UN General Assembly in 1994, and which contained aircraft terrorism such as hijacking in the Hague Convention of 1970 or sabotage in the Montreal Convention of 1971 in Annex of ILC draft. Therefore, this paper examines the legal character of aircraft terrorism as one of the most serious crimes of concern to the international community as a whole, and suggests two kinds of legislative comments for the amendment of the ICC Statute including aircraft terrorism as an object of the jurisdiction of the Court, for suppressing aircraft terrorism in advance and ensuring equitable penalty by ICC system.

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A Study on the Improvement of Aviation Security System for the Prevention of Terrorism in Aircraft - Focusing on the Prevention, Preparedness, Response and Punishment Regulations of the Aviation Security Act -

  • Moon, Hyeon-Cheol
    • Journal of the Korea Society of Computer and Information
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    • v.25 no.4
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    • pp.189-195
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    • 2020
  • The whole world is anxious that aircraft could be used as a tool for terrorism after 9/11. The disappearance of Malaysia Airlines is again adding to fears about aircraft. Because these aircraft attacks cause many human casualties, the purpose of the study is to analyze the problems in the current air security system and to present alternatives. The methodology of the study used a literature research methodology to review the current status of aircraft terrorism and related regulations, such as current aviation-related laws and anti-terrorism laws, and prior studies. The purpose of the Chapter is to present an aviation security system that promotes the safety of air traffic through the prevention of aircraft terror by presenting the roles and improvement measures of aviation security personnel, foreign police officers, intelligence agencies, and legal blind spots and flaws.

Response Methods against Acts of Terrorism That Utilize Unmanned Aircraft (무인항공기 테러의 대응방안)

  • OH, Jea-Hwan
    • Korean Security Journal
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    • no.30
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    • pp.61-83
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    • 2012
  • Al-Qaeda follower who planned to attacks the Pentagon and the Assembly by unmanned aircraft equipped with explosives was caught in the dictionary in September 2011. In addition, high-performance unmanned aerial vehicles in the United States 'sentinel' of the technology being leaked to Iran in late 2011 was an accident. Terrorist attacks on the forces used unmanned aircraft will be the day the not too distant. The purpose of this research is to provide response plans against acts of terrorism utilizing unmanned aircrafts to prevent large losses of lives such as the terrorist attacks of September 11. Discussing in detail, this research suggests revising and newly implementing the definition and categorization of unmanned aircrafts as well as relevant punishment in current aeronautics regulations as an initial response against acts of terrorism utilizing unmanned aircrafts. This is in order to newly implement and revise current relevant regulations that inadequately address the rapidly developing and changing unmanned aircrafts which will lead to increased sense of alarm for the potential terrorists, and also to introduce a systematic tool to punish those who commit such acts by clearly establishing the grounds for punishment. Also, under the binary operating system over airspace currently implemented globally, it is impossible to identify and control the infiltration of airspace by unmanned aircrafts. Recognizing such limitations, this research suggests a combined operation of airspace for unmanned and manned aircrafts as a second way of response for acts of terrorism utilizing unmanned aircrafts. A systematic integrated operation of airspace will appropriately control unmanned/ manned aircrafts that were not previously reported or otherwise have deviated from navigation routes, and will be able to prevent terrorism attempts utilizing aircrafts beforehand.

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Threats of MANPADS and Its Counter-Measures

  • Choi, Jin-Tai
    • International Journal of Contents
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    • v.6 no.3
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    • pp.89-96
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    • 2010
  • The International air transportation industry provides a vital communication link which brings prosperity to many states in our modern age. This invaluable link has been threatened by terrorism. Airlines have been one of the most attractive targets in the eyes of terrorists for several reasons, including particularly the international and symbolic nature of aviation, and the potential of multigovernmental involvement which can inevitably generate wide publicity. Terrorist attacks against civil aviation have been committed since the earliest days of civil aviation history. The first attack against civil aircraft dates back to the early 1930s. Since then, aircraft hijacking and other forms of attack against air transport operations have become one of the most serious challenges to the safety of flying. In recent years, a new form of threats against civil aviation has appeared. Man-portable air defense systems (MANPADS) in the hands of criminals, terrorists, and other non-state actors pose a serious potential threat to passenger air travel, the commercial aviation industry, and military aircraft around the world. The purpose of this study is to provide some countermeasures against such attacks. In order to foster a better understanding of the problem, an introduction of MANPADS and a brief history of attacks using MANPADS are presented. It also examines the level of threats, trends of attacks using MANPADS and the possible countermeasures to be taken by the international community.

A Study on the Limits in the Use of Force against a Hijacked Civil Aircraft (피랍 민간항공기에 대한 무력행사의 한계에 관한 연구)

  • Kim, Man-Ho
    • The Korean Journal of Air & Space Law and Policy
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    • v.19 no.1
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    • pp.141-163
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    • 2004
  • The limits in the use of force against a civil aircraft which intrudes into sovereign airspace have not been defined in the aspect of international law. Therefore, this paper intends to analyze international laws and practices about sovereign airspace intrusions by the civil aircraft, and to examine the legality in the use of force against the civil aircraft hijacked by means of political terrorism, in particular. In this paper, the sphere of study is restricted within the problems of interception against the civil aircraft which intrudes into sovereign airspace in times of peace, excluding the problems against a state aircraft, and the responsibilities for the civil or criminal affairs due to interceptions. Herein this paper analyzes the existing international laws and the cases of each nation's use of force against the civil aircraft which intrudes into sovereign airspace, and organizes the conditions in the use of force which have been accepted in international laws and practices, and then applies them to the special case of civil aircraft hijacked by political terrorism. Consequently, this paper suggests that the basic principles of necessity, ultimateness, and proportionality be taken into consideration in the use of force against civil aircraft which intrudes into sovereign airspace. This study finally suggests that the possibility in the use of force against civil aircraft hijacked by political terrorism might be higher than any type of civil aircraft intrusions into sovereign airspace due to the factor of necessity of national security concerned.

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A Study on the Problems and Resolutions of Provisions in Korean Commercial Law related to the Aircraft Operator's Liability of Compensation for Damages to the Third Party (항공기운항자의 지상 제3자 손해배상책임에 관한 상법 항공운송편 규정의 문제점 및 개선방안)

  • Kim, Ji-Hoon
    • The Korean Journal of Air & Space Law and Policy
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    • v.29 no.2
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    • pp.3-54
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    • 2014
  • The Republic of Korea enacted the Air Transport Act in Commercial Law which was entered into force in November, 2011. The Air Transport Act in Korean Commercial Law was established to regulate domestic carriage by air and damages to the third party which occur within the territorial area caused by aircraft operations. There are some problems to be reformed in the Provisions of Korean Commercial Law for the aircraft operator's liability of compensation for damages to the third party caused by aircraft operation as follows. First, the aircraft operator's liability of compensation for damages needs to be improved because it is too low to compensate adequately to the third party damaged owing to the aircraft operation. Therefore, the standard of classifying per aircraft weight is required to be detailed from the current 4-tier into 10-tier and the total limited amount of liability is also in need of being increased to the maximum 7-hundred-million SDR. In addition, the limited amount of liability to the personal damage is necessary to be risen from the present 125,000 SDR to 625,000 SDR according to the recent rate of prices increase. This is the most desirable way to improve the current provisions given the ordinary insurance coverage per one aircraft accident and various specifications of recent aircraft in order to compensate the damaged appropriately. Second, the aircraft operator shall be liable without fault to damages caused by terrorism such as hijacking, attacking an aircraft and utilizing it as means of attack like the 9 11 disaster according to the present Air Transport Act in Korean Commercial Law. Some argue that it is too harsh to aircraft operators and irrational, but given they have also some legal duties of preventing terrorism and in respect of helping the third party damaged, it does not look too harsh or irrational. However, it should be amended into exempting aircraft operator's liability when the terrorism using of an aircraft by well-organized terrorists group happens like 9 11 disaster in view of balancing the interest between the aircraft operator and the third party damaged. Third, considering the large scale of the damage caused by the aircraft operation usually aircraft accident, it is likely that many people damaged can be faced with a financial crisis, and the provision of advance payment for air carrier's liability of compensation also needs to be applied to the case of aircraft operator's liability. Fourth, the aircraft operator now shall be liable to the damages which occur in land or water except air according to the current Air Transport Act of Korean Commercial Law. However, because the damages related to the aircraft operation in air caused by another aircraft operation are not different from those in land or water. Therefore, the term of 'on the surface' should be eliminated in the term of 'third parties on the surface' in order to make the damages by the aircraft operation in air caused by another aircraft operation compensable by Air Transport Act of Korean Commercial Law. It is desired that the Air Transport Act in Commercial Law including the clauses related to the aircraft operator's liability of compensation for damages to the third party be developed continually through the resolutions about its problems mentioned above for compensating the third party damaged appropriately and balancing the interest between the damaged and the aircraft operator.

A Study on the Research Trend of Counter-Terrorism: Focusing on Counter-Terrorism studies of the National Police Headquarters (대(對)테러리즘 분야 연구경향분석:치안본부 대테러연구를 중심으로)

  • Lee, Dae sung;Ryu, Sang Il
    • Convergence Security Journal
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    • v.14 no.3_2
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    • pp.83-91
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    • 2014
  • International society got a severe shock from terrorism of hostage, abduction and murder that was committed on a target of Israel athlete delegation in Munich Olympics, West Germany by Black September, a Palestine terrorism organization. Korea with 1986 Asian Games and 1988 Olympics ahead was directly and indirectly exposed to threats of North Korea's nation-support terrorism, a military provocation and a local war limited warfare. This study explores the roles of the police at the time of the National Police Headquarters with regard to counter-terrorism, and analyzed academic research trends of Studies of Counter-terrorism published by the same office between 1983 and 1990. Looking into them shows a fact firstly, that the most frequently appearing key words in common were "terrorism," "hostages," "measures," and "international," etc. Secondly, before and after 1988 Olympics, the key word "Olympics" was frequently addressed. Thirdly, looking at the difference by the year, the key word, "policies of defense and borderlands" was frequently addressed between 1983 and 1984, "terrorism against South Korea," and "civil aircraft" frequently addressed in 1985, and "corporate" in 1986. In 1987, the key word "terrorism trends" was addressed, and in 1990, "international terrorism," and "separatism" were used.

Security Problems in Aircraft Digital Network System and Cybersecurity Strategies (항공기 디지털 네트워크 시스템 보안 문제점과 사이버 대응 전략)

  • Lim, In-Kyu;Kang, Ja-Young
    • Journal of Advanced Navigation Technology
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    • v.21 no.6
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    • pp.633-637
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    • 2017
  • Cyber attacks on aircraft and aeronautical networks are not much different from cyber attacks commonly found in the ground industry. Air traffic management infrastructure is being transformed into a digital infrastructure to secure air traffic. A wide variety of communication environments, information and communications, navigation, surveillance and inflight entertainment systems are increasingly threatening the threat posed by cyber terrorism threats. The emergence of unmanned aircraft systems also poses an uncontrollable risk with cyber terrorism. We have analyzed cyber security standards and response strategies in developed countries by recognizing the vulnerability of cyber threats to aircraft systems and aviation infrastructure in next generation data network systems. We discussed comprehensive measures for cybersecurity policies to consider in the domestic aviation environment, and discussed the concept of security environment and quick response strategies.

A Study on Jurisdiction under the International Aviation Terrorism Conventions (국제항공테러협약의 관할권 연구)

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.24 no.1
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    • pp.59-89
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    • 2009
  • The objectives of the 1963 Tokyo Convention cover a variety of subjects, with the intention of providing safety in aircraft, protection of life and property on board, and promoting the security of civil aviation. These objectives will be treated as follows: first, the unification of rules on jurisdiction; second, the question of filling the gap in jurisdiction; third, the scheme of maintaining law and order on board aircraft; fourth, the protection of persons acting in accordance with the Convention; fifth, the protection of the interests of disembarked persons; sixth, the question of hijacking of aircraft; and finally some general remarks on the objectives of the Convention. The Tokyo Convention mainly deals with general crimes such as murder, violence, robbery on board aircraft rather than aviation terrorism. The Article 11 of the Convention deals with hijacking in a simple way. As far as aviation terrorism is concerned 1970 Hague Convention and 1971 Montreal Convention cover the hijacking and sabotage respectively. The Problem of national jurisdiction over the offence and the offender was as tangled at the Hague and Montreal Convention, as under the Tokyo Convention. Under the Tokyo Convention the prime base of jurisdiction is the law of the flag (Article 3), but concurrent jurisdiction is also allowed on grounds of: territorial principle, active nationality and passive personality principle, security of the state, breach of flight rules, and exercise of jurisdiction necessary for the performance of obligations under multilateral agreements (Article 4). No Criminal jurisdiction exercised in accordance with national law is excluded [Article 3(2)]. However, Article 4 of the Hague Convention(hereafter Hague Article 4) and Article 5 of the Montreal Convention(hereafter Montreal Article 5), dealing with jurisdiction have moved a step further, inasmuch as the opening part of both paragraphs 1 and 2 of the Hague Article 4 and the Montreal Article 5 impose an obligation on all contracting states to take measures to establish jurisdiction over the offence (i.e., to ensure that their law is such that their courts will have jurisdiction to try offender in all the circumstances covered by Hague Article 4 and Montreal Article 5). The state of registration and the state where the aircraft lands with the hijacker still on board will have the most interest, and would be in the best position to prosecute him; the paragraphs 1(a) and (b) of the Hague Article 4 and paragraphs 1(b) and (c) of the Montreal Article 5 deal with it, respectively. However, paragraph 1(b) of the Hague Article 4 and paragraph 1(c) of the Montreal Article 5 do not specify if the aircraft is still under the control of the hijacker or if the hijacker has been overpowered by the aircraft commander, or if the offence has at all occurred in the airspace of the state of landing. The language of the paragraph would probably cover all these cases. The weaknesses of Hague Article 4 and Montreal Article 5 are however, patent. The Jurisdictions of the state of registration, the state of landing, the state of the lessee and the state where the offender is present, are concurrent. No priorities have been fixed despite a proposal to this effect in the Legal Committee and the Diplomatic Conference, and despite the fact that it was pointed out that the difficulty in accepting the Tokyo Convention has been the question of multiple jurisdiction, for the reason that it would be too difficult to determine the priorities. Disputes over the exercise of jurisdiction can be endemic, more so when Article 8(4) of the Hague Convention and the Montreal Convention give every state mentioned in Hague Article 4(1) and Montreal Article 5(1) the right to seek extradition of the offender. A solution to the problem should not have been given up only because it was difficult. Hague Article 4(3) and Montreal Article 5(3) provide that they do not exclude any criminal jurisdiction exercised in accordance with national law. Thus the provisions of the two Conventions create additional obligations on the state, and do not exclude those already existing under national laws. Although the two Conventions do not require a state to establish jurisdiction over, for example, hijacking or sabotage committed by its own nationals in a foreign aircraft anywhere in the world, they do not preclude any contracting state from doing so. However, it has be noted that any jurisdiction established merely under the national law would not make the offence an extraditable one under Article 8 of the Hague and Montreal Convention. As far as international aviation terrorism is concerned 1988 Montreal Protocol and 1991 Convention on Marking of Plastic Explosives for the Purpose of Detention are added. The former deals with airport terrorism and the latter plastic explosives. Compared to the other International Terrorism Conventions, the International Aviation Terrorism Conventions do not have clauses of the passive personality principle. If the International Aviation Terrorism Conventions need to be revised in the future, those clauses containing the passive personality principle have to be inserted for the suppression of the international aviation terrorism more effectively. Article 3 of the 1973 Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, Including Diplomatic Agents, Article 5 of the 1979 International Convention against the Taking of Hostages and Article 6 of the 1988 Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation would be models that the revised International Aviation Terrorism Conventions could follow in the future.

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