Odgovornost vazdušnog prevozioca prema putniku u slučaju otmice vazduhoplova
Liability of air carrier for the hijacking of aircraft: Should the passenger be compensated?

Summary/Abstract: Despite extensive international and national legislation addressing aircraft hijacking, the passenger's legal position remains unaddressed and unregulated. Aircraft hijacking is regulated only in criminal and administrative law, not in civil, commercial, or private air law. As a result, passengers, the real and primary victims of aircraft hijacking, lack an appropriate legal basis for compensation. The author identifies a legal loophole, noting that an air carrier is not liable to a passenger who has suffered from aircraft hijacking. To effectively compensate passengers, it's crucial to examine the state's civil liability for its obligation to prevent acts of terrorism. The challenge lies in determining the legal framework and limits of the state's responsibility. This raises an important question: should the state be held liable under the same legal standards as airlines, or should it adhere to traditional forms of civil liability? This distinction is essential for ensuring justice for those affected. The author proposes two potential solutions. First, the state should adopt the same liability regime as aircraft, especially regarding the legal basis and limits of liability. Second, the state and the air carrier should be jointly and severally liable to the passenger, with the right and duty of recourse to hijackers.

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