United States of America v. Yunis (No 3)

In: International law reports, Band 88, S. 176-189

Abstract

176Air — Hijacking — Crime of universal jurisdiction — Measures for suppression of air piracy — Hague Convention for the Suppression of Unlawful Seizure of Aircraft, 1970 — International Convention Against the Taking of Hostages, 1979Jurisdiction — Extraterritorial — Principles on which States may exercise extraterritorial jurisdiction — Crimes of universal jurisdiction — Aircraft hijacking — Hostage taking — Whether universal crimes — Passive personality principle of jurisdiction — Nationality of victim as a ground for exercise of jurisdiction — Whether passive personality principle applicableJurisdiction — Executive — Legality of arrest — Effect on jurisdiction of court — Defendant convicted of aircraft hijacking — Crime of universal jurisdiction — Arrest on high seas by United States Federal Bureau of Investigation — Involvement of United States Navy — Whether involvement of United States Navy rendering arrest unlawfulRelationship of international law and municipal law — Interpretation of legislation — Presumption that Congress did not intend to legislate in manner contrary to international law — Legislation implementing international conventions — Hague Convention for the Suppression of Unlawful Seizure of Aircraft, 1970 — International Convention Against the Taking of Hostages, 1979 — Whether provisions of domestic law conflicting with principles of international law overriding — The law of the United States