Section 92p. 92

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

CONSIDERING that the occurrence of such acts is a

matter of grave concern;

CONSIDERING that, for the purpose of deterring such

acts, there is an urgent need to provide appropriate

measures for punishment of offenders,

HAVE AGREED as follows:

ARTICLE 1

Any person who on board an aircraft in flight:

a. unlawfully, by force or threat thereof, or by any other

form of intimidation, seizes, or exercises control of that

aircraft, or attempts to perform any such act, or

b. is an accomplice of a person who performs or attempts

to perform any such act

commits

an

offense

(hereinafter referred to as "the

offence").

ARTICLE 2

Each Contracting State undertakes to make the offence

punishable by severe penalties.

ARTICLE 3

1. For the purposes of this Convention, an aircraft is

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 flight shall be deemed to continue until the

competent authorities take over the responsibility for the

aircraft and for persons and property on board.

2. This Convention shall not apply to aircraft used in

military, customs or police services.

3. This Convention shall apply only if the place of take-off

or the place of actual landing of the aircraft on board

which the offence is committed is situated outside the

territory of the State of registration of that aircraft; it shall

be immaterial whether the aircraft is engaged in an

international or domestic flight.

4. In the cases mentioned in Article 5, this Convention

shall not apply if the place of take-off and the place of

actual landing of the aircraft on board which the offence

is committed are situated within the territory of the same

State where that State is one of those referred to in that

Article.

5. Notwithstanding paragraphs 3 and 4 of this Article,

Articles 6, 7, 8, and 10 shall apply whatever the place of

take-off or the place of actual landing of the aircraft, if the

offender or the alleged offender is found in the territory of

a State other than the State of registration of that aircraft.

ARTICLE 4

1. Each Contracting State shall take such measure as may

be necessary to establish its jurisdiction over the offence

and any other act of violence against passengers or crew

committed by the alleged offender in connection with

the offence, in the following cases:

a. when the offence is committed on board an aircraft

registered in that State;

b. when the aircraft on board which the offence is

committed lands in its territory with the alleged offender

still on board;

c. when the offence is committed on board an aircraft

leased without crew to a lessee who has his principal

place of business or, if the lessee has no such place of

business, his permanent residence in that State.

2.

Each

Contracting

State

shall

likewise

take

such

measures as may be necessary to establish its jurisdiction

over the offence in the case where the alleged offender is

present in its territory and it does not extradite him

pursuant to Article 8 to any of the States mentioned in

Paragraph 1 of this Article.

3.

This

Convention

does

not

exclude

any

criminal

jurisdiction exercised in accordance with national law.

ARTICLE 5

The Contracting States which establish joint air transport

operating

organizations

or

international

operating

agencies, which operate aircraft which are subject to joint

or international registration shall, by appropriate means,

designate for each aircraft the State among them which

shall exercise the jurisdiction and have the attributes of

the

State

of

registration

for

the

purpose

of

this

Convention

and

shall

give

notice

thereof

to

the

International

Civil

Aviation

Organization

which

shall

communicate the notice to all States Parties to this

Convention.

ARTICLE 6

1. Upon being satisfied that the circumstances so warrant,

any Contracting States in the territory of which the

offender or the alleged offender is present, shall take him

into

custody

or

take other measures to ensure his

presence. 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 necessary to enable any

criminal or extradition proceedings to be instituted.

2. Such State shall immediately make a preliminary

enquiry into the facts.

3. Any person in custody pursuant to paragraph 1 of this

Article shall be assisted in communicating immediately

with the nearest appropriate representative of the State

of which he is a national.

4. When a State pursuant to this Article, has taken a

person into custody, it shall immediately notify the State

of registration of the aircraft, the State mentioned in

Article 4, paragraph 1 (c), the State of nationality of the

detained person and, if it considers it advisable, any other

interested States 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 2 of this Article shall promptly

report its findings to the said States and shall indicate

whether it intends to exercise jurisdiction.

ARTICLE 7

The Contracting State in the territory of which the alleged

offender is found shall, if it does not extradite him, be

obliged, without exception whatsoever and whether or

not the offence was committed in its territory, to submit

the case to its competent authorities for the purpose of

prosecution. Those authorities shall take their decision in

the same manner as in the case of any ordinary offence of

a serious nature under the law of that State.

ARTICLE 8

1. The offence shall be deemed to be included as an

extraditable offence in any extradition treaty existing

between

Contracting

States.

Contracting

States

undertake to include the offence as an extraditable

offence

in

every

extradition

treaty to be concluded

between them.

2.

If

a

Contracting

State

which

makes

extradition

conditional on the existence of a treaty receives a request

for extradition from another Contracting State with which

it has no extradition treaty, it may at its option consider

this Convention as the legal basis for extradition in

respect of the offence. Extradition shall be subject to the

other conditions provided by the law of the requested

State. Cdpr

3. Contracting States which do not make extradition

conditional on the existence of a treaty shall recognize

the

offence

as

an

extraditable

offence

between

themselves subject to the conditions provided by the law

of the requested States.

4. The offence shall be treated, for the purpose of

extradition between Contracting States, as if it had been

committed not only in the place in which it occurred but

also in the territories of the States required to establish

their jurisdiction in accordance with Article 4, paragraph

1.

© Compiled by RGL

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