Thursday, April 26, 2012
Farooq Bhoja, head of Bhoja Air, the carrier operating the 737 that crashed last week outside of Islamabad, has been barred from leaving Pakistan and ordered into protective custody. See Pakistan Airline Boss in 'Protective Custody' for Crash Probe, Associated Press, April 21, 2012 (available here). All 127 passengers died in the accident and Pakistan has launched a criminal investigation. The criminalization of aviation accidents has been a controversial subject over the past decade. Elaine Solomon and Dina Relles thoroughly examined the subject last year in an article for the Journal of Air Law and Commerce. See Elaine D. Solomon & Dina L. Relles, Criminalization of Air Disasters: What Goal, If Any, Is Being Achieved?, 76 J. Air L. & Com. 407 (Summer 2011). Readers interested in a more concise explication of the arguments against criminalization may be interested in this 2001 Air & Space magazine piece from Kenneth Quinn. The most recent work on criminalization can be found in the forthcoming Spring 2012 edition of Issues in Aviation Law and Policy (IALP), which will include an article by Steven M. Dejong, Kant Be Done: A Consideration of the Criminalization of Accidents within the Retributivist Paradigm. IALP is available for order here.