|Quoting Caspritz78 (Reply 1):|
I would say in Austria, because that's where the plane landed and the Austrian police would be in charge of the criminal investigation
|Quoting Bok269 (Reply 7):|
Also keep in mind the person technically isn't dead until he/she is declared as such, which would occur in Austria.
|Quoting OHLHD (Reply 3):|
The actual stabbing occured in Australia, isn't it since there is a Australian registration on the plane...... I might be wrong here.
|Quoting SB (Reply 6):|
ICAO says "the law of the state being overflown shall apply, unless the aircraft is in international airspace where the law of the country of registration shall apply."
|Quoting DL767captain (Reply 5):|
Well i'm guessing Austiria until Either Russia or the US tried the whole extradition thing to bring the guy to their country for punishment, it would be more of a fight between who got to punish him, the US or Russia
|Quoting Vega9000 (Reply 9):|
Humm. I don´t think that an airplane has the same status as an embassy.
|Quoting SB (Reply 6):|
ICAO says "the law of the state being overflown shall apply, unless the aircraft is in international airspace where the law of the country of registration shall apply." There's also a note stating that if the country of registration has a law which is not applied in the country being overflown it may still be enforced: Alcohol on Saudi Arabian flight for example.
Now in your case I must admit I'm at a bit of a loss. I would guess the trial would occur in Germany as the incident occurred in german airspace. I'd be quite interested to find out.
|Quoting RFields5421 (Reply 12):|
In the original case - I'm pretty sure that all the countries involved will defer any possible jurisdiction to Austria.
|Quoting Vega9000 (Reply 13):|
Well, I'm under the impression that the USA tends to get very involved when one of their citizens gets killed in a foreign country.
Homicide was the second leading cause of injury death among American travelers in foreign countries, accounting for almost 400 deaths during 2003-2005.
Road traffic crashes headed the list of causes (34%), followed by homicide (17%), and drowning (13%). (By comparison to U.S. injury fatalities in 2003, road traffic crashes accounted for 27%, homicide 11%, and drowning 2% of all injury deaths ).
In 2000, about 1.6 million persons lost their lives to violence and only 20% were casualties of armed conflicts.
|Quoting RFields5421 (Reply 14):|
Basically, Austria has to take jurisdiction because the aircraft landed in Austria - the first available 'port'.