Abstract
The trafficking and illicit use of drugs has been a serious problem globally over the years, affecting peoples’ lives and the aviation industry has not escaped the scourge. The illegal carriage by air of narcotics and other psychotropic substances and its various corollaries of violence or Narco-terrorism as it is popularly known, has shown that the activity can cause various other forms of unlawful interference with civil aviation such as the unlawful seizure of aircraft and the causing of damage to persons and property related to international civil aviation. Furthermore, in addition to the disturbing problem of drug use by air crews, the threat of drug trafficking has already had a tremendous adverse impact on aviation and the financial community which supports it Narco-terrorism is considered an offence on two grounds: the fact that the illicit trafficking of drugs is an offence against public health; and the illicit carriage by air of these substances threatens to sabotage the legitimate carriage by air of passengers and freight. Narco-terrorism involves two facets: the transportation of drugs and narcotics by aircraft and across national boundaries by air; and the act of loading and unloading them at aerodromes and airports. The two acts are claimed to be integrally linked to one another in that the essential elements of the unlawful act, i.e., “transport by air” and “trafficking” are inseparable.
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Notes
- 1.
Report of the International Conference on Day Abuse and Illicit Trafficking, Vienna, 17–26 June 1987. United Nations: New York 1987 at 7.
- 2.
Bell (1991, p. 2).
- 3.
Narco-terrorism is a term coined by former President Fernando Belaunde Terry of Peru in 1983. President Terry considered Narco-terrorism to be attacks of a terrorist nature against his nation’s anti-narcotics police. In the original context, Narco-terrorism is understood to mean the attempts of narcotics traffickers to influence the policies of a government or a society through violence and intimidation, and to hinder the enforcement of the law and the administration of justice by the systematic threat or use of such violence.
- 4.
Hartelius (2008, p. III).
- 5.
Hartelius (2008, p. III).
- 6.
A/C.3/40/8, Annex.
- 7.
A/C.3/40/8.
- 8.
United Nations, Treaty Series, vol. 520, No. 7515, p. 204.
- 9.
United Nations, Treaty Series, vol. 976, No. 14151, p. 4.
- 10.
Official Records of the Economic and Social Council, 1981, Supplement No. 4 (E/1981/24), annex II.
- 11.
See Official Records of the Economic and Social Council, 1981, Supplement No. 4 (E/1981/24), Chap. XI, sect. A.
- 12.
See Official Records of the Economic and Social Council, 1985, Supplement No. 3 (E/1985/23 and Corr. 1), Chap. IX, sect. A.
- 13.
See A/40/773, annex.
- 14.
As illustrated, by, inter alia, the following meetings and initiatives:
-
The Inter-American Programme of Action against the Illicit Use and Production of Narcotic Drugs and Psychotropic Substances and Traffic Therein, adopted by the Inter-American Specialized Conference on Traffic in Narcotic Drugs, held at Rio de Janeiro, Brazil, from 22 to 26 April 1986;
-
The Tokyo Declaration entitled “Looking forward to a better future,” issued at the Tokyo Economic Summit, held from 4 to 6 May 1986 (see A/41/354, annex I, para. 5);
-
The 19th Ministerial Meeting of the Association of South-East Asian Nations, held at Manila on 23 and 24 June 1986;
-
The recommendations of the first Interregional Meeting of Heads of National Drug Law Enforcement Agencies, held at Vienna from 28 July to 1 August 1986 (see A/41/559, para 10);
-
The Economic Declaration of the Eighth Conference of Heads of State or Government of Non-Aligned Countries, held at Harare from 1 to 6 September 1986;
-
The Puerto Vallarta Declaration, adopted at the Regional Meeting of Ministers of Justice and Attorneys-General, held at Puerto Vallarta, Mexico, from 8 to 10 October 1986 (A/C.3/41/5, annex);
-
The Meeting of Ministers of Interior and Justice of the 12 member States of the European Community, held in London on 20 October 1986;
-
The recommendations of the Interregional Conference on the Involvement of Non-Governmental Organizations in Prevention and Reduction of the Demand for Drugs, held at Stockholm from 15 to 19 September 1986 (A/C.3/41/7, annex, paragraph 84).
-
- 15.
A/43/678.
- 16.
See Official Records of the Economic and Social Council, 1987, Supplement No. 3 (E/1988/13).
- 17.
Report of the International Conference on Drug Abuse and Illicit Trafficking, Vienna, 17–26 June 1987 (United Nations publication, Sales No. E.87.I.18), Chap. I, Sect. B.
- 18.
See Official Records of the General Assembly, 44th Session, Plenary Meetings, 13th meeting (A/44/PV.13).
- 19.
Official Records of the General Assembly, 39th Session, Supplement No. 1 (A/39/1).
- 20.
See C-WP/2372, 7/3/57 at p. 1.
- 21.
See C-WP/2372.
- 22.
See AN-WP/1984, 1/12/58 at 1.
- 23.
Doc 7866, A11-P/3 at 21.
- 24.
E/RES/689 (XXVI) 29 July 1958.
- 25.
AN-WP/1604; XXIV-11, 25/2/57.
- 26.
See AN-WP/1984 Appendix B.
- 27.
The Economic and Social Council (ECOSOC) in Resolution 770E (XXX) approved certain recommendations to Governments on safeguards to prevent abuse for the carriage of narcotic drugs in first-aid kits of aircraft engaged in international flights.
- 28.
Doc 7970.
- 29.
Convention on International Civil aviation, signed at Chicago on 7 December 1944. See ICAO Doc 7300/9 Ninth Edition, 2006.
- 30.
A recommendation of the Customs Co-operation Council dated 17 June 1985, recognizes ‘that the proper balance between the needs of customs enforcement and the facilitation of legitimate trade and travel can best be achieved if customs enforcement is selective and intelligence based and that it is therefore essential that every effort be made to develop and exploit the best possible intelligence.’ (Recommendation on the Development of Co-ordinated Enforcement and Intelligence Operations aimed at Identifying and Interrupting Concealed Illicit Drugs).
- 31.
Convention on Offences and Certain Other Acts Committed on Board Aircraft, signed at Tokyo on 14 September 1963, ICAO Doc 8364.
References
Bell R (1991) The history of drug prohibition and legislation. Interpol International Criminal Police Review, September – October 1991
Hartelius J (2008) Narcoterrorism, Policy Paper 3/2008. United Nations
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Abeyratne, R. (2010). Narco-terrorism. In: Aviation Security Law. Springer, Berlin, Heidelberg. https://doi.org/10.1007/978-3-642-11703-9_4
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