Jurisdiction over Aircraft-Related Crimes in Domestic Law and International Documents

Document Type : Research Paper

Authors

1 Associate Professor, Department of Law, Faculty of Social Sciences, Imam Khomeini International University, Qazvin, Iran.

2 Master of Criminal Law and Criminology, Department of Law, Faculty of Social Sciences, Imam Khomeini International University, Qazvin, Iran.

Abstract

Jurisdiction over aircraft-related crimes is one of the challenging subjects at both international and domestic levels and it raises the question of which rules it follows. The importance of the subject gets bold, especially in the case of committing a crime by drones, because usually, the criminal and the state of registration are not obvious. The current research analyzes regulations using descriptive-analytical methods, specifically those outlined in the Tokyo Convention, which establishes the jurisdiction of the state of registration, as well as the Hague and Montreal Conventions, which establish universal jurisdiction and the jurisdiction of the lessee's country. Additionally, it examines personal jurisdiction in the Beijing Convention and in domestic law, as outlined in regulations such as the Civil Aviation Law. However, in addition to the essential of reset one perfect regulation internationally, it is suggested that, because of some lacks in regulations and the importance of solving them, Iran join the Beijing Convention and its protocol 2010 as the latest universal intention about jurisdiction over aircraft-related crimes.

Keywords

Main Subjects


Aleksandrowicz, Tomasz (2020), "Beijing convention and Beijing protocol changes in the international and legal model for combatting aviation terrorism", International security, Volume 12
Ashourie, Mohammad (2024), Criminal procedure, Volume 2, 15th edition, Tehran: Samt organization [in Persian]
Amini, Azam; Bazzar, Vahid (2020), "Assessing the possibility of prosecuting the assassination of Major General Qassem Soleimani before the International Criminal Court and International Court of Justice", Comparative studies on Islamic and Western law, Volume 7, Issue 2 (24), pp: 1-24 [in Persian], https://doi.org/10.22091/csiw.2020.5491.1815 
Babcock Gove, Philip (1986), Webster's third new international dictionary and seven language dictionary, Merraim Webster
EASA pro (2020), "Do I need to register my drone?" [Web log comment]. Retrieved 2020, Jan. 23, from http://www.easa.europa.en/en/faq/116454
Eshraghi Arani, Mojtaba; Izanlo, Mohsen (2012), "The rights and obligations of the parties to the aircraft rental contract in aviation insurance: review of the addendum to the AVN67B insurance policy", Iranian Journal of Insurance Research (IJIR), Volume 1, Issue 2 (1), pp:84-96 [in Persian], https://doi.org/10.22056/ijir.2012.01.07
Foroughi, Fazlollah; Mohammadi Kerachi, Babak (2018), "Jurisdiction over crimes on board airplane in Iranian and international criminal law", Criminal law and criminology studies, Volume 4, Issue 2, pp: 249-274 [in Persian], https://doi.org/10.22059/jqclcs.2018.221613.1166
Fortier, Renald (2004), The balloon era, Canada aviation museum
Fowler, H.W; Fowler, F.G (1931), The concise oxford dictionary of current English, Oxford dictionary
Ghamari, Ismaeil; Ghamari, Hoda (2023), "Legitimacy of the Principle of Universal Jurisdiction as one of the principles of Extraterritorial Criminal Jurisdiction", Journal of law and political studies, Volume 3, Issue 4, pp: 254-265 [in Persian], https://doi.org/10.48309/jlps.2023.4.2
Hodgkinson, David; Johnson, Rebecca (2018), "Aviation law and drones: unmanned aircraft and the future", Routledge
Hornby, A.S (2010), Oxford advanced learner's dictionary, Turbull, Joanna; Lea, Diana; Parkinson, Dilys; Philips, Patrick (Editors), Volume 10, 8th edition, Oxford university
ICAO (2023), "International air law treaty workshop", Singapour
Ismaeili, Mahdi (2016), "Jurisdiction over terrorist crimes in Iranian law", The judiciary's law journal, Volume 80, Issue 94 [in Persian], https://doi.org/10.22106/jlj.2016.21935
Jabbari, Mansour (2005), "Study Implementation registration and citizenship air-craft", Public law research, Volume 7, Issue 16, pp: 4-19 [in Persian]
Jabbari, Mansour (2010), "The concept of accident in international air transport", Comparative law researches, Volume 14, Issue 2 (67), pp: 79-108 [in Persian]
Jabbari, Mansour (2011), International Aviation Law, 2nd edition, Tabriz: Foroozesh publicarions [in Persian]
Jalali, Mahmood; Leila, Raeisi; Habibi Mojande, Mohammad; Zabib, Reza (2016), "The evolution of the approach to terrorism in international documents, legal gaps and consequences", Journal of Islamic law and jurisprudence researches, Volume 6, Issue 11, pp: 85-112 [in Persian]
Karami Navekesh, Mohsen; Alipour, Abbas (2014), "Drone Strikes in Counterterrorism Operations: An Analysis with Emphasis on Yemen", Quarterly Journal of Political and International Research, Volume 6, Issue 18, pp: 249-286 [in Persian]
Koosha, Soheila; Momeni, Mahdi (2020), "The Criminal Jurisdiction of States for Investigation of Crimes Committed in Space Tourism", Criminal law research, Volume 2, issue 2 (20), pp: 187-212 [in Persian], https://doi.org/10.22124/jol.2019.8297.1375
Mankiewicz, R.H (1971), "The 1970 Hague convention", Journal of air law and commerce, Vol 37, Issue 2, Article 6
Marie Amann, Diane (2014), "Jurisdictional, preliminary and procedural concerns", benchbook on international laws, pp:1-16, Retrieved 2024, July. 9 from https://www.asil.org/sites/default/files/benchbook/jurisdiction.pdf
MasIsaac, David, "Air warfare", Retrieved 2022, May. 17 from www.britannica.com/topic/air-warfare/Grand-attack
Mirmohammad-Sadeghi, Hossein (2025), Offences against general interests of the state, 46th edition, Tehran: Boniade hoghooghi Mizan [in Persian]
Mokarrami Ghartavol, Yaser; Ranjbarian, Amir-hossein (2017), "Violation of States' Airspace by U.S Drones (Case Study: Pakistan)", Public law studies quarterly, Volume 71, issue 2, pp: 303-328 [in Persian], https://doi.org/10.22059/jplsq.2017.63100
Namamian, Peyman (2024), "The Scope of Documents of Global and Regional Organizations in Strengthening the Legal Capacity to Deal with Terrorist Crimes", Criminal law research, Volume 15, issue 2 (30), pp: 173-189 [in Persian], https://doi.org/10.22124/jol.2024.26384.2442
Osiecki, Mateusz, Fortonska, Agnieszka, Berus, Matylda, Wlodarczyk, Marta (2022), "Drones as a target of terrorist attack and a weapon against terrorism- analysis in the light of international law", Journal of intelligent and robotic systems
Pourbafrani, Hassan (2003), "Protective Principle in International criminal law and Iran", The judiciary law journal, Volume 67, Issue 43, pp: 61-86 [in Persian]
Ramezani Ghavam Abadi, Mohammad Hossein (2004), "Some reflections on the contractual sources of non-international armed conflicts", Journal of Theology and Law, Volume 4, Issue 5 (13) [in Persian]
Sadeghimoghadam, Mohammad-Hassan; Eshraghi Arani, Mojtaba (2014), "Analysis of Flag of convenience and its impact on aviation safety", Judicial law views, issue 65 (65), pp: 63-83 [in Persian]
Shariat Bagheri, Mohammad Javad; Almasi, Yousef (2019), "Legal and judicial jurisdiction over crimes committed on aircraft in Iranian law and international treaties", Quarterly Journal of Iranian and International Comparative Legal Research, volume 12, issue 45, pp: 53-73 [in Persian]
Shams nateri, Mohammad-Ebrahim, Kalantari, Hamid-Reza; Zare, Ebrahim, Riazat, Zeinab (2025), Islamic Penal Code in current legal order, 6th edition, Tehran: Mizan publication [in Persian] 
Shenasaei, Hedayatollah (2019), "Legal Analysis of the ICAO Approach on Modernizing the 1970 Hague Convention by the Adoption of 2010 Beijing Protocol", Public law research, Volume 21, Issue 62, pp: 127-154 [in Persian], https://doi.org/10.22054/qjpl.2018.24372.1595
Shubber, Sami (1973), "Jurisdiction over crimes on board aircraft", Springer science and business media
Soleymani, Reza (2007), " The semantic confusion of terrorism in scientific and political discourse", A quarterly journal of strategy, Volume 15, Issue 1 (43) [in Persian], 20.1001.1.10283102.1386.15.1.14.8
Tohidifard, Mohammad (2004), "The September 11th 2011 attacks in perspective of international criminal law", Comparative law researches, Issue 31 [in Persian], http://dorlnet/dor/20.1001.1.22516751.1382.7.4.6.1