Zestrzelenie uprowadzonego samolotu cywilnego w świetle wyroku Trybunału Konstytucyjnego

Abstract

American Airlines, flight 11, a 767–200ER with 92 people on board, is hijacked after taking off from Boston. It is flown into the north tower of the World Trade Center in New York City. All on board are killed as well as others on the ground and in the building. American Airlines, flight 77, a Boeing 757–200 with 64 people on board, is hijacked after taking off from Dulles International Airport. It is flown into pentagon in Arlington Country, Virginia. All on board are killed as well as 125 people in the building and on the ground. Aircraft hijacking, also known as skyjacking or sky controlling, is the unlawful seizure of an aircraft. Most aircraft hijackings are committed to use the passengers as hostages, but what about those, who are reserved to die and incidentally are become bullets for other innocent lives? The article was written to analyze a soundness of the verdict. After those shocking and base attacks on the World Trade Center and Pentagon, countenance of the anti–terrorist penal laws is changed radically. From the polish legislator’s point of view editorial and origination changes should be put into execution as soon as possible. The author of the article tries to answer to the point of the extremely franchise issue. Should there be obtained a standards enabling to decide which lives are supposed to be rescue? Discussed matter poses crucial problem in the scope of the international law, not only particular states. Countries such as India, Poland and Russia have enacted laws or decrees that allow the shoothing down of hijacked planes. Polish Constitutional Court however, in September 2008, decided that the regulations were unconstitutional and dismissed them.