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With respect to extradition, the State of Registration of a leased aircraft which is involved in an offence will have little interest in pursuing a matter in which none of its nationals have been involved. A dry lease can further complicate the issue of extradition, since often in these circumstances such a state which is not directly involved in the offence is unlikely to be enthusiastic about incurring the trouble and expense associated with extradition and subsequent trial.
VI. An Answer?
It was no less a personage than the Roman Emperor, Marcus Aurelius, who con-cluded sadlythat the choice in most human issues was “educate, or endure.”
The international community must take cognizance of the fact that the Tokyo Convention is relatively ineffective if States do not make provisions in their own laws to give legal effect to the concerted action that is required at international law to combat terrorism. They must be persuaded to ensure, for example, that their laws of custody are such as to permit the immediate inquiry prescribed by the Conven-tion to be properly conducted, an essential requirement if the evidence required for a successful prosecution is to be gathered. For this reason there should also be a requirement that an inquiry should follow any disembarkation.
States must also ensure that their laws in respect of extradition are framed in such a manner as to facilitate the State of Registration in taking action against the perpetrators of crime or “jeopardising” acts on board its aircraft. These laws should also be at least receptive to the idea of the State of the operator exercising a jurisdiction in respect of events on board aircraft controlled by its nationals.
States must also be persuaded of the need to exercise the criminal jurisdiction they have in respect of their own aircraft in such a manner as to deter potential offenders. Finally, States might embark upon a process of education to make their airport immigration and police authorities aware of the existence of the Tokyo Convention and of its provisions for disembarkation and delivery.
The airlines must also embark on a programme of education within their own ranks. In general there is great uncertainty on the part of captains as to the extent
C. Concerted Action Under the Auspice of the ICAO
and limits of their authority and they are often in total ignorance of the Tokyo Convention. All airlines should use guidance material on the relevant sections of the Convention for carriage in the cockpit of any material of assistance together with a current list of the contracting States. This material can prove invaluable when a commander is confronted by of.cials whose .rst reaction is often to refuse to permit a requested disembarkation or delivery.
Airlinesdo needtoinformtheirpilots onthecontentsoftheConventionandtobrief them on how to collect evidence, how to request an investigation and how to .le a complete reportoftheincident.Theyalso needtoliaisewiththeir ownlocal autho-rities to ensure that they are aware of the extent and seriousness of the problem andof the measureswhichtheinternationalcommunityhasdevisedfordealingwithit.There is much work to be accomplishedby the security, legal andoperations departments of the individual airlines. A further incentive is that such a programme of benign propaganda may have the collateral effect of persuading immigration authorities of the follyof insisting on puttingpotentially violent deportees on board our aircraft.
Finally, the airlines themselves can and must do more to deal with the problem themselves. Alcohol is the underlying cause of the majority of incidents. Yet too often obviously drunk and unruly passengers are boarded – regardless of laws which make it an offence to enter any aircraft when drunk or to be drunk in an aircraft, as in the United Kingdom,592 or for a pilot to allow a person obviously under the in.uence of drink or drugs to be carried in his aircraft, as in the U.S.A. The airlines should be careful to include in their contract with their passengers a condition which permits them to refuse carriage for reasons of safety or if, in the exercise of its reasonable discretion, the carrier determines that:
　
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