Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation

Last updated

Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation
Type Aviation, International criminal law, anti-terrorism
Signed23 September 1971
Location Montreal, Canada
Effective26 January 1973
Condition10 ratifications
Parties188
DepositaryGovernments of the United Kingdom, United States, and Russia (originally the Soviet Union)
LanguagesEnglish, French, Russian, and Spanish

The Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (sometimes referred to as the Sabotage Convention or the Montreal Convention) is a multilateral treaty by which states agree to prohibit and punish behaviour which may threaten the safety of civil aviation.

Contents

Content

The Convention does not apply to customs, law enforcement or military aircraft, thus it applies exclusively to civilian aircraft.

The Convention criminalises the following behaviour:

  1. Committing an act of violence against a person on board an aircraft in flight if it is likely to endanger the safety of the aircraft;
  2. destroying an aircraft being serviced or damaging such an aircraft in such a way that renders it incapable of flight or which is likely to endanger its safety in flight;
  3. placing or causing to be placed on an aircraft a device or substance which is likely to destroy or cause damage to an aircraft;
  4. destroying or damaging air navigation facilities or interfering with their operation if it is likely to endanger the safety of aircraft;
  5. communicating information which is known to be false, thereby endangering the safety of an aircraft in flight;
  6. attempting any of 1–5; and
  7. being an accomplice to any of 1–6.

The Convention sets out the principle of aut dedere aut judicare —that a party to the treaty must either (1) prosecute a person who commits one of the offences or (2) send the individual to another state that requests his or her extradition for prosecution of the same crime.

Creation and entry into force

The Convention was adopted by the International Conference on Air Law at Montreal on 23 September 1971. It came into force on 26 January 1973 after it had been ratified by 10 states. As of 2013, the Convention has 188 state parties.

State parties

The Convention has 188 state parties, which includes 186 UN members plus the Cook Islands and Niue. The seven UN member states that are not parties to the treaty are:

Former state parties and successions

Former state parties that were not formally succeeded by any existing state include Czechoslovakia, East Germany, and Yugoslavia. A number of states ratified but have since been succeeded by new states: Serbia ratified as the Federal Republic of Yugoslavia; Russia ratified as the Soviet Union; Belarus ratified as the Byelorussian SSR; and Ukraine ratified as the Ukrainian SSR. Prior to the unification of Yemen, both North and South Yemen had ratified the convention. The Republic of China signed and ratified the agreement; in 1980, the People's Republic of China approved the treaty with a statement that it declared the Republic of China's actions with respect to the convention "null and void".

Protocol

Protocol for the Suppression of Unlawful Acts of Violence at Airports serving International Civil Aviation
Type Aviation, International criminal law, anti-terrorism
Signed24 February 1988
Location Montreal, Canada
Effective6 August 1989
Condition10 ratifications
Parties176
Depositary ICAO and the governments of the United Kingdom, United States, and Russia (originally the Soviet Union)
LanguagesEnglish, French, Russian, and Spanish

On 24 February 1988 in Montreal, the Protocol for the Suppression of Unlawful Acts of Violence at Airports serving International Civil Aviation was signed as a supplement to the Convention.

The Protocol makes it an offence to commit similarly violent, dangerous, or damaging acts in airports that serve civil aviation.

The Protocol came into force on 6 August 1989 and as of October 2022 has been ratified by 176 states, which includes 174 UN member states plus the Cook Islands and Niue. The UN member states that are not parties to the Protocol are the seven states that have not ratified the Convention plus the following 14 states:

See also

Related Research Articles

<span class="mw-page-title-main">International Civil Aviation Organization</span> Specialised agency of the United Nations

The International Civil Aviation Organization is a specialized agency of the United Nations that coordinates the principles and techniques of international air navigation, and fosters the planning and development of international air transport to ensure safe and orderly growth. ICAO headquarters are located in the Quartier International of Montreal, Quebec, Canada.

There is no universal agreement on the legal definition of terrorism, although there exists a consensus academic definition created by scholars.

<span class="mw-page-title-main">Chicago Convention on International Civil Aviation</span> International treaty that established the ICAO

The Convention on International Civil Aviation, also known as the Chicago Convention, established the International Civil Aviation Organization (ICAO), a specialized agency of the United Nations charged with coordinating international air travel. The Convention establishes rules of airspace, aircraft registration and safety, security, and sustainability, and details the rights of the signatories in relation to air travel. The Convention also contains provisions pertaining to taxation.

The Philippine National Police Aviation Security Group (PNP-AVSEGROUP) is responsible for enforcing laws and regulations related to air travel in the Philippines.

Anti-terrorism legislation are laws with the purpose of fighting terrorism. They usually, if not always, follow specific bombings or assassinations. Anti-terrorism legislation usually includes specific amendments allowing the state to bypass its own legislation when fighting terrorism-related crimes, under alleged grounds of necessity.

<span class="mw-page-title-main">War and environmental law</span>

War can heavily damage the environment, and warring countries often place operational requirements ahead of environmental concerns for the duration of the war. Some international law is designed to limit this environmental harm.

The Montreal Convention is a multilateral treaty for the unification of certain rules for international carriage by air.

In law, the principle of aut dedere aut judicare refers to the legal obligation of states under public international law to prosecute persons who commit serious international crimes where no other state has requested extradition. However, the Lockerbie case demonstrated that the requirement to extradite or prosecute is not a rule of customary international law. The obligation arises regardless of the extraterritorial nature of the crime and regardless of the fact that the perpetrator and victim may be of alien nationality. It is generally included as part of international treaties dealing with an array of transnational crimes to facilitate bringing perpetrators to justice.

The Convention on Offences and Certain Other Acts Committed on Board Aircraft, commonly called the Tokyo Convention, is an international treaty, concluded at Tokyo on 14 September 1963. It entered into force on 4 December 1969, and as of 2022 has been ratified by 187 parties.

The Nuclear Terrorism Convention is a 2005 United Nations treaty designed to criminalize acts of nuclear terrorism and to promote police and judicial cooperation to prevent, investigate and punish those acts. As of October 2022, the convention has 115 signatories and 120 state parties, including the nuclear powers China, France, India, Russia, the United Kingdom, and the United States. Most recently, Oman ratified the convention on 21 October 2022.

The Terrorist Financing Convention is a 1999 United Nations treaty designed to criminalize acts of financing acts of terrorism. The convention also seeks to promote police and judicial co-operation to prevent, investigate and punish the financing of such acts. As of October 2018, the treaty has been ratified by 188 states; in terms of universality, it is therefore one of the most successful anti-terrorism treaties in history.

The Hostages Convention is a United Nations treaty by which states agree to prohibit and punish hostage taking. The treaty includes definitions of "hostage" and "hostage taking" and sets out the principle of aut dedere aut judicare: a party to the treaty must prosecute a hostage taker if no other state requests extradition for prosecution of the same crime.

The Hague Hijacking Convention is a multilateral treaty by which states agree to prohibit and punish aircraft hijacking. The convention does not apply to customs, law enforcement or military aircraft, thus it applies exclusively to civilian aircraft. The convention only addresses situations in which an aircraft takes off or lands in a place different from its country of registration. The convention sets out the principle of aut dedere aut judicare—that a party to the treaty must prosecute an aircraft hijacker if no other state requests his or her extradition for prosecution of the same crime.

The Protection of Diplomats Convention is a United Nations anti-terrorism treaty that codifies some of the traditional principles on the necessity of protecting diplomats.

The Convention on the Safety of United Nations and Associated Personnel is a United Nations treaty that has the goal of protecting United Nations peacekeepers and other UN personnel.

The Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation or SUA Convention is a multilateral treaty by which states agree to prohibit and punish behaviour which may threaten the safety of maritime navigation.

The Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf is a multilateral treaty by which states agree to prohibit and punish behaviour which may threaten the safety of offshore fixed platforms, including oil platforms.

The Beijing Convention is a 2010 treaty by which state parties agree to criminalise certain terrorist actions against civil aviation.