Reading Room Document

Should the Department of Justice Oppose the Inclusion of Article V in the Proposed Protocol on Aircraft Piracy?

The document discusses the consideration of a Protocol by the International Civil Aviation Organization to make aircraft piracy an extraditable international offense. The proposed provision, Article V, states that surrender may be refused if the state of registration does not provide assurances that the death penalty will not be imposed or executed. The Department of Justice is faced with the decision of whether to oppose the inclusion of Article V, as it may affect the effectiveness of the Protocol. The conclusion reached in the document is that the Department should remain neutral on the inclusion of Article V, as questions about the assurances and their binding nature can be deferred until they actually arise. The document presents the question of whether the Department should oppose the inclusion of Article V in the proposed Protocol and whether the assurances provided for in the article would be binding.

February 11, 1969