LLB-II PUBLIC INTERNATIONA LAW

1. Security Council
and
International Hijacking
Course: LLB II
Subject : Public International Law
Unit: 4

2. Contents
1. Security Council
2. International Hijacking

3. Security Council
• The Security Council has primary responsibility
for the maintenance of international peace
and security.
• Some of its actions have international law
implications, such as those that relate to
peacekeeping missions, ad hoc tribunals, and
sanctions.

4. Security Council
• In accordance with Article 13(b) of the Rome
Statute, the Security Council can refer
certain situations to the Prosecutor of the
International Criminal Court (ICC), if it appears
international crimes (genocide, crimes against
humanity, war crimes, the crime of
aggression) have been committed.

5. Security Council
Most legal systems provide for the use of forceful sanctions or
penalties against malefactors. Under the Charter of the
United Nations, the Security Council may take ‘enforcement
action’ against a state when it poses a threat to the peace, or
has committed an act of aggression or breach of the peace
(Art. 39 and Chapter VII UN Charter)

6. Security Council
• Enforcement action is authorised by resolution of the
Council and may comprise military action, as with the
use of force by the UN in Korea in 1950, against Iraq in
1990/91 and as authorised (but barely used) against
Indonesia over East Timor in 1999/2000; or economic
sanctions, as with the trading restrictions and
embargoes against South Africa in 1977 and
Serbia/Montenegro in 1992; or
• other similar measures, be they diplomatic, political or
social, such as the mandatory severance of air links
with Libya (as a result of the Lockerbie incident) in
1992 and April 1993 and the partial embargo imposed
on North Korea by SC Res.

7. Security Council
• (2006) following the latter’s nuclear test. The
Security Council may even act against non-
state entities, as with SC Res. 1390 (2002)
imposing financial and economic sanctions
against the Al-Qaida organization and the
Taliban.
• Of course, there are limitations to the exercise
of this power, both political and legal.

8. International Hijacking

9. International hijacking
• A Pakistan Air Force T-33 trainer was hijacked on August 20, 1971
before Indo-Pakistani war of 1971 in Karachi when a Bengali
instructor pilot, Flight Lieutenant Matiur Rahman, knocked out the
young Pilot Officer Rashid Minhas with the intention of defecting to
India with the plane and national secrets. On regaining
consciousness in mid-flight, Rashid Minhas struggled for flight
control as well as relaying the news of his hijack to the PAF base. In
the end of the ensuing struggle he succeeded to crash his aircraft
into the ground near Thatta on seeing no way to prevent the hijack
and the defection. He was posthumously awarded Pakistan's
highest military award Nishan-e-Haider (Sign of the Lion) for his act
of bravery.[8][9][10][11][12] Matiur Rahman was awarded Bangladesh's
highest military award, Bir Sreshtho, for his attempt to defect to
join the civil war in East Pakistan

10. Dealing with hijackings
• Before the September 11, 2001 attacks, most hijackings
involved the plane landing at a certain destination,
followed by the hijackers making negotiable demands.
Pilots and flight attendants were trained to adopt the
"Common Strategy" tactic, which was approved by the
FAA. It taught crew members to comply with the
hijackers' demands, get the plane to land safely and
then let the security forces handle the situation. Crew
members advised passengers to sit quietly in order to
increase their chances of survival. They were also
trained not to make any 'heroic' moves that could
endanger themselves or other people.

11. Informing air traffic control
• To communicate to air traffic control that an aircraft is
being hijacked, a pilot under duress should squawk
7500 or vocally, by radio communication, transmit
"(Aircraft callsign); Transponder seven five zero zero."
This should be done when possible and safe. An air
traffic controller who suspects an aircraft may have
been hijacked may ask the pilot to confirm "squawking
assigned code." If the aircraft is not being hijacked, the
pilot should not squawk 7500 and should inform the
controller accordingly. A pilot under duress may also
elect to respond that the aircraft is not being hijacked,
but then neglect to change to a different squawk code.

12. Prevention
• Cockpit doors on most commercial airliners have been
strengthened and are now bullet resistant. In the
United Kingdom, United States, Canada, Australia,
Austria, the Netherlands and France, air marshals have
also been added to some flights to deter and thwart
hijackers. Airport security plays a major role in
preventing hijackers. Screening passengers with metal
detectors and luggage with x-ray machines helps
prevent weapons from being taken on to an aircraft.
Along with the FAA, the FBI also monitors terror
suspects. Any person who is seen as a threat to civil
aviation is banned from flying.

13. References
• 1.www.un.org/en/documents/charter/chapter
7.shtml (security councils)
• 2. research.un.org/en/docs/law/sc

14. • Thank You