Flights to Pak. can be banned, say law experts

By J. Venkatesan

NEW DELHI, JAN. 7. International pressure should be brought in to ban all international flights to Pakistan in the light of ``clinching evidence'' available to show that the hijackers belonged to the country and that it had abetted them in the commission of the offence, according to law experts.

According to them, the international conventions make it obligatory on the part of the member countries to take coordinated steps to prevent hijacking and help each other in apprehending the culprits if the offence takes place in their land. Though the offence did not take place in Pakistan, there is ample proof that it has facilitated the hijacking and hence it should face the consequences.

They are also of the view that the Taliban Government in Afghanistan should have apprehended the hijackers and extradited them to India in accordance with the obligations in the international conventions on hijacking, whether they have diplomatic relations with India or not.

Mr. Lalit Bhasin, senior Supreme Court lawyer says as per the Montreal convention, ``if the offender is found in the territory of a member State, and if it does not extradite them, it has to submit the case to its competent authorities for the purpose of prosecution.''

In this case, it has been clearly established that the hijackers have roots in Pakistan, which had indirectly helped them to hijack the aircraft. Being a signatory to the conventions, Pakistan cannot act contrary to its obligations. India can legitimately bring pressure to ban all international flights to Pakistan for not only giving tacit help to the hijackers but also not extraditing them to India.

Mr. R.K.P. Shankar Das, senior Supreme Court advocate and specialist in international law, said that though the international conventions make it obligatory for member countries to arrest and extradite the hijackers, ``when some States assist the terrorists, either for ideological or whatever reasons, then enforcement becomes difficult and bringing pressure on them by banning of the flights is one way of tackling the problem.''

In this case, Mr. Das, who is also the former President of the International Bar Association, feels that the United Nations neither moved a resolution nor condemned the incident. He is of the view that international pressure on the Talibans was also not forthcoming. As a result, the Talibans did everything possible for the hijackers to get away with their demands.

According to him, there is a proposal with the UN to set up an International Criminal Court, which will have powers to try hijackers, irrespective of the countries to which they belong. This will help in effectively dealing with international terrorism to some extent.

Mr. V.S. Mani, Professor of International Law, Jawaharlal Nehru University, says besides the international conventions, all the member countries are governed by the rules and regulations of the Council of the International Civil Aviation Organisation in Montreal, Canada. If any of the countries does not honour the obligations, the Organisation has powers to disqualify that country from flying.

He says the conventions also provide for taking up the matter with the International Court of Justice in Hague.

In this case, if it is established that the hijackers have entered Pakistan and Pakistan is not willing to prosecute them or not agreeing for any arbitration, India could raise a formal dispute with the International Court of Justice.

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