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.

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