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The States Parties To This
Convention, Have Agreed As
Follows: Chapter I - Scope Of The Convention Article 1 1. This Convention
shall apply in respect of: a. offences against
penal law; b. acts which, whether
or not they are offences, may or do jeopardize the safety of the aircraft or
of persons or property therein or which jeopardize good order and discipline
on board. 2. Except as provided
in Chapter III, this Convention shall apply in respect of offences committed
or acts done by a person on board any aircraft registered in a 3. For the purposes of
this Convention, an aircraft is considered to be in flight from the moment
when power is applied for the purpose of take- off until the moment when the
landing run ends. 4. This Convention
shall not apply to aircraft used in military, customs or police services. Article 2 Without prejudice to the provisions of
Article 4 and except when the safety of the aircraft or of persons or
property on board so requires, no provision of this Convention shall be
interpreted as authorizing or requiring any action in respect of offences
against penal laws of a political nature or those based on racial or
religious discrimination. Chapter II – Jurisdiction Article 3 1. The State of
registration of the aircraft is competent to exercise jurisdiction over
offences and acts committed on board. 2. Each 3. This Convention
does not exclude any criminal jurisdiction exercised in accordance with
national law. Article 4 A a. the offence has
effect on the territory of such State; b. the offence has
been committed by or against a national or permanent resident of such State; c. the offence is
against the security of such State; d. the offence
consists of a breach of any rules or regulations relating to the flight or
manoeuvre of aircraft in force in such State; e. the exercise of
jurisdiction is necessary to ensure the observance of any obligation of such
State under a multilateral international agreement. Chapter III - Powers Of The Aircraft Commander Article 5 1. The provisions of this
Chapter shall not apply to offences and acts committed or about to be
committed by a person on board an aircraft in flight in the airspace of the
State of registration or over the high seas or any other area outside the
territory of any State unless the last point of take- off or the next point
of intended landing is situated in a State other than that of registration,
or the aircraft subsequently flies in the airspace of a State other than that
of registration with such person still on board. 2. Notwithstanding the
provisions of Article 1, paragraph 3, an aircraft shall for the purposes of
this Chapter, be considered to be in flight at any time from the moment when
all its external doors are closed following embarkation until the moment when
any such door is opened for disembarkation. In the case of a forced landing,
the provisions of this Chapter shall continue to apply with respect to
offences and acts committed on board until competent authorities of a State
take over the responsibility for the aircraft and for the persons and
property on board. Article 6 1. The aircraft
commander may, when he has reasonable grounds to believe that a person has
committed, or is about to commit, on board the aircraft, an offence or act
contemplated in Article 1, paragraph 1, impose upon such person reasonable
measures including restraint which are necessary: a. to protect the
safety of the aircraft, or of persons or property therein; or b. to maintain good
order and discipline on board; or c. to enable him to deliver
such person to competent authorities or to disembark him in accordance with
the provisions of this Chapter. 2. The aircraft
commander may require or authorize the assistance of other crew members and
may request or authorize, but not require, the assistance of passengers to
restrain any person whom he is entitled to restrain. Any crew member or
passenger may also take reasonable preventive measures without such
authorization when he has reasonable grounds to believe that such action is
immediately necessary to protect the safety of the aircraft, or of persons or
property therein. Article 7 1. Measures of
restraint imposed upon a person in accordance with Article 6 shall not be
continued beyond any point at which the aircraft lands unless: a. such point is in
the territory of a non-Contracting State and its authorities refuse to permit
disembarkation of that person or those measures have been imposed in
accordance with Article 6, paragraph 1(c) in order to enable his delivery to
competent authorities; b. the aircraft makes
a forced landing and the aircraft commander is unable to deliver that person
to competent authorities; or c. that person agrees
to onward carriage under restraint. 2. The aircraft commander
shall as soon as practicable, and if possible before landing in the territory
of a State with a person on board who has been placed under restraint in
accordance with the provisions of Article 6, notify the authorities of such
State of the fact that a person on board is under restraint and of the
reasons for such restraint. Article 8 1. The aircraft
commander may, in so far as it is necessary for the purpose of subparagraph
(a) or (b) or paragraph 1 of Article 6, disembark in the territory of any
State in which the aircraft lands any person who he has reasonable grounds to
believe has committed, or is about to commit, on board the aircraft an act
contemplated in Article 1, paragraph 1(b). 2. The aircraft commander
shall report to the authorities of the State in which he disembarks any
person pursuant to this Article, the fact of, and the reasons for, such
disembarkation. Article 9 1. The aircraft
commander may deliver to the competent authorities of any 2. The aircraft
commander shall as soon as practicable and if possible before landing in the
territory of a Contracting State with a person on board whom the aircraft
commander intends to deliver in accordance with the preceding paragraph,
notify the authorities of such State of his intention to deliver such person
and the reasons therefore. 3. The aircraft
commander shall furnish the authorities to whom any suspected offender is
delivered in accordance with the provisions of this Article with evidence and
information which, under the law of the State of registration of the
aircraft, are lawfully in his possession. Article 10 For actions taken in accordance with this
Convention, neither the aircraft commander, any other member of the crew, any
passenger, the owner or operator of the aircraft, nor the person on whose
behalf the flight was performed shall be held responsible in any proceeding
on account of the treatment undergone by the person against whom the actions
were taken. Chapter IV - Unlawful Seizure Of Aircraft Article 11 1. When a person on
board has unlawfully committed by force or threat thereof an act of
interference, seizure, or other wrongful exercise of control of an aircraft
in flight or when such an act is about to be committed, Contracting States
shall take all appropriate measures to restore control of the aircraft to its
lawful commander or to preserve his control of the aircraft. 2. In the cases
contemplated in the preceding paragraph, the Contracting State in which the
aircraft lands shall permit its passengers and crew to continue their journey
as soon as practicable, and shall return the aircraft and its cargo to the
persons lawfully entitled to possession. Chapter V - Powers And Duties Of States Article 12 Any Article 13 1. Any 2. Upon being
satisfied that the circumstances so warrant, any Contracting State shall take
custody or other measures to ensure the presence of any person suspected of
an act contemplated in Article 11, paragraph 1 and of any person of whom it
has taken delivery. The custody and other measures shall be as provided in
the law of that State but may only be continued for such time as is
reasonably necessary to enable any criminal or extradition proceedings to be
instituted. 3. Any person in
custody pursuant to the previous paragraph shall be assisted in communicating
immediately with the nearest appropriate representative of the State of which
he is a national. 4. Any 5. When a State,
pursuant to this Article, has taken a person into custody, it shall
immediately notify the State of registration of the aircraft and the State of
nationality of the detained person and, if it considers it advisable, any
other interested State of the fact that such person is in custody and of the
circumstances which warrant his detention. The State which makes the
preliminary enquiry contemplated in paragraph 4 of this Article shall
promptly report its findings to the said States and shall indicate whether it
intends to exercise jurisdiction. Article 14 1. When any person has
been disembarked in accordance with Article 8, paragraph 1, or delivered in
accordance with Article 9, paragraph 1, or has disembarked after committing an
act contemplated in Article 11, paragraph 1, and when such person cannot or
does not desire to continue his journey and the State of landing refuses to
admit him, that State may, if the person in question is not a national or
permanent resident of that State, return him to the territory of the State of
which he is a national or permanent resident or to the territory of the State
in which he began his journey by air. 2. Neither
disembarkation, nor delivery, not the taking of custody or other measures contemplated
in Article 13, paragraph 2, nor return of the person concerned, shall be
considered as admission to the territory of the Contracting State concerned
for the purpose of its law relating to entry or admission of persons and
nothing in this Convention shall affect the law of a Contracting State
relating to the expulsion of persons from its territory. Article 15 1. Without prejudice
to Article 14, any person who has been disembarked in accordance with Article
8, paragraph 1, or delivered in accordance with Article 9, paragraph 1, or
has disembarked after committing an act contemplated in Article 11, paragraph
1, and who desires to continue his journey shall be at liberty as soon as
practicable to proceed to any destination of his choice unless his presence
is required by the law of the State of landing for the purpose of extradition
or criminal proceedings. 2. Without prejudice
to its law as to entry and admission to, and extradition and expulsion from
its territory, a Contracting State in whose territory a person has been
disembarked in accordance with Article 8, paragraph 1, or delivered in
accordance with Article 9, paragraph 1 or has disembarked and is suspected of
having committed an act contemplated in Article 11, paragraph 1, shall accord
to such person treatment which is no less favourable for his protection and
security than that accorded to nationals of such Contracting State in like
circumstances. Chapter VI - Other Provisions Article 16 1. Offences committed
on aircraft registered in a Contracting State shall be treated, for the
purpose of extradition, as if they had been committed not only in the place
in which they have occurred but also in the territory of the State of
registration of the aircraft. 2. Without prejudice
to the provisions of the preceding paragraph, nothing in this Convention
shall be deemed to create an obligation to grant extradition. Article 17 In taking any measures for investigation or
arrest or otherwise exercising jurisdiction in connection with any offence
committed on board an aircraft the Contracting States shall pay due regard to
the safety and other interests of air navigation and shall so act as to avoid
unnecessary delay of the aircraft, passengers, crew or cargo. Article 18 If Contracting States establish joint air
transport operating organizations or international operating agencies, which
operate aircraft not registered in any one State those States shall,
according to the circumstances of the case, designate the State among them
which, for the purposes of this Convention, shall be considered as the State
of registration and shall give notice thereof to the International Civil
Aviation Organization which shall communicate the notice to all States
Parties to this Convention. Chapter VII - Final Clauses Article 19 Until the date on which this Convention
comes into force in accordance with the provisions of Article 21, it shall
remain open for signature on behalf of any State which at that date is a
Member of the United Nations or of any of the Specialized Agencies. Article 20 1. This Convention
shall be subject to ratification by the signatory States in accordance with
their constitutional procedures. 2. The instruments of
ratification shall be deposited with the International Civil Aviation
Organization. Article 21 1. As soon as twelve
of the signatory States have deposited their instruments of ratification of
this Convention, it shall come into force between them on the ninetieth day
after the date of the deposit of the twelfth instrument of ratification. It
shall come into force for each State ratifying thereafter on the ninetieth
day after the deposit of its instrument of ratification. 2. As soon as this
Convention comes into force, it shall be registered with the Secretary-General
of the United Nations by the International Civil Aviation Organization. Article 22 1. This Convention
shall, after it has come into force, be open for accession by any State
Member of the United Nations or of any of the Specialized Agencies. 2. The accession of a
State shall be effected by the deposit of an instrument of accession with the
International Civil Aviation Organization and shall take effect on the
ninetieth day after the date of such deposit. Article 23 1. Any 2. Denunciation shall
take effect six months after the date of receipt by the International Civil
Aviation Organization of the notification of denunciation. Article 24 1. Any dispute between
two or more Contracting States concerning the interpretation or application
of this Convention, which cannot be settled through negotiation, shall, at
the request of one of them, be submitted to arbitration. If within six months
from the date of the request for arbitration the Parties are unable to agree
on the organization of the arbitration, any one of those Parties may refer
the dispute to the International Court of Justice by request in conformity
with the Statute of the Court. 2. Each State may at
the time of signature or ratification of this Convention or accession
thereto, declare that it does not consider itself bound by the preceding paragraph.
The other Contracting States shall not be bound by the preceding paragraph
with respect to any 3. Any Article 25 Except as provided in Article 24 no
reservation may be made to this Convention. Article 26 The International Civil Aviation
Organization shall give notice to all States Members of the United Nations or
of any of the Specialized Agencies: a. of any signature of
this Convention and the date thereof; b. of the deposit of
any instrument of ratification or accession and the date thereof; c. of the date on
which this Convention comes into force in accordance with Article 21,
paragraph 1; d. of the receipt of
any notification of denunciation and the date thereof; and e. of the receipt of
any declaration or notification made under Article 24 and the date thereof. In Witness Whereof the undersigned
Plenipotentiaries, having been duly authorized, have signed this Convention. Done at This Convention shall be deposited
with the International Civil Aviation Organization with which, in accordance
with Article 19, it shall remain open for signature and the said Organization
shall send certified copies thereof to all States Members of the United
Nations or of any Specialized Agency. End |
|
|
Montreal
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