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Law Approving The Protocol For The Suppression Of Unlawful Acts Of Violence At Airports Serving Civil Aviation International, Supplementary To The Convention For The Suppression Of Unlawful Acts Against The Safety Of The Avia

Original Language Title: Loi portant assentiment au Protocole pour la répression des actes illicites de violence dans les aéroports servant à l'aviation civile internationale, complémentaire à la Convention pour la répression d'actes illicites dirigés contre la sécurité de l'avia

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belgiquelex.be - Carrefour Bank of Legislation

25 MARCH 1999. - An Act to approve the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, complementary to the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, made in Montreal on 23 September 1971, made in Montreal on 24 February 1988 (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, complementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, made in Montreal on 23 September 1971, made in Montreal on 24 February 1988, will emerge its full and full effect.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 25 March 1999.
ALBERT
By the King:
Minister of Foreign Affairs,
E. DERYCKE
Minister of Transport,
Mr. DAERDEN
Minister of Justice,
T. VAN PARYS
Seal of the state seal:
Minister of Justice,
T. VAN PARYS
____
Note
(1) Session 1998-1999.
Senate:
Documents. - Bill tabled on 16 December 1998, No. 1-200/1. - Report, no. 1-1200/2. - Text adopted in session and transmitted to the Chamber, n°1-1200/3.
Annales parliamentarians. - Discussion, meeting of 11 February 1999. - Vote, meeting of 11 February 1999.
Chamber:
Documents. - Project transmitted by the Senate, No. 49-1988/1. - Report, No. 49-1988/2.
Annales parliamentarians. - Discussion, meeting of 25 February 1999. - Vote, meeting of 25 February 1999.

Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, Complementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, made in Montreal on 23 September 1971, done in Montreal on 24 February 1988
States Parties to this Protocol,
Considering that illegal acts of violence that jeopardize or are likely to jeopardize the security of persons at airports serving international civil aviation or which endanger the safety of the operation of these airports, undermine the confidence of the peoples of the world in the security of these airports and disrupt the security and good march of civil aviation for all States;
Recognizing that such acts are of grave concern to the international community and that, in order to prevent such acts, appropriate measures are urgently needed to punish their perpetrators;
Considering that it is necessary to adopt complementary provisions to those of the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, made in Montreal on 23 September 1971, with a view to dealing with such illegal acts of violence at airports serving international civil aviation,
The following are agreed:
Article 1er
This Protocol supplements the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, made in Montreal on 23 September 1971 (hereinafter referred to as the "Convention"), and, between the Parties to this Protocol, the Convention and the Protocol will be considered and interpreted as a single instrument.
Article II
1. In Article 1 of the Convention, the following new paragraph 1bis is added:
"1bis. Any person unlawfully and intentionally using a device, substance or weapon commits a criminal offence:
(a) perform an act of violence against a person at an airport serving international civil aviation that causes or is likely to cause serious injury or death; or
(b) seriously destroys or damages the facilities of an airport serving international civil aviation or aircraft that are not in service and are located in the airport or interrupts airport services,
if this act compromises or is likely to compromise security at this airport. »
2. In paragraph 2 (a) of Article 1 of the Convention, the following words shall be inserted after the words "paragraph 1":
"or paragraph 1bis."
Article III
In Article 5 of the Convention, the following paragraph 2bis is added:
"2bis. Any Contracting State shall also take the necessary measures to establish its jurisdiction for the purpose of knowing offences under paragraph 1bis of Article 1 and paragraph 2 of the same Article, provided that the latter paragraph applies to such offences, in the case where the alleged perpetrator of one of them is in his territory and where the said State does not extradite him in accordance with Article 8 to the State referred to in paragraph 1 (a). »
Article IV
This protocol will be opened on 24 February 1988 in Montreal for signature by the States participating in the International Conference on Air Law, held in Montreal from 9 to 24 February 1988. After March 1, 1988, it will be opened for signature by all states in London, Moscow, Washington and Montreal, until they entered into force in accordance with Article VI.
Article V
1. This protocol will be subject to ratification by the signatory States.
2. Any State that is not a Contracting State to the Convention may ratify this Protocol if at the same time it ratifies the Convention, or accedes to the Convention, in accordance with Article 15 thereof.
3. The instruments of ratification shall be deposited with the governments of the United States of America, the United Kingdom of Great Britain and Northern Ireland and the Union of Soviet Socialist Republics, or the Organization of International Civil Aviation, which are hereby designated as depositaries.
Article VI
1. When the present Protocol has ratified ten signatory States, it shall enter into force between those States on the thirtieth day after the deposit of the tenth instrument of ratification. With respect to each State that will subsequently ratify it, it will enter into force on the thirtieth day after the deposit of its instrument of ratification.
2. Upon entry into force, this Protocol shall be registered by the depositaries in accordance with the provisions of Article 102 of the Charter of the United Nations and Article 102 of the Charter of the United Nations and Article 83 of the Convention on International Civil Aviation (Chicago, 1944).
Article VII
1. After entry into force, this protocol will be open to the accession of any non-signatory State.
2. Any State that is not a Contracting State to the Convention may accede to the present Protocol if at the same time it ratifies the Convention, or accedes to the Convention, in accordance with Article 15 thereof.
3. The instruments of accession will be deposited with depositaries and the accession will produce its effects on the thirtieth day after the deposit.
Article VIII
1. Any Party to this Protocol may denounce it by means of written notification to depositaries.
2. The denunciation will produce its effects six months after the date on which the notification was received by the depositaries.
3. The denunciation of this protocol will not have the effect of denunciation of the convention itself.
4. The denunciation of the Convention by a Contracting State to the Convention supplemented by this Protocol shall also have the effect of a denunciation of this Protocol.
Article IX
1. The depositaries shall promptly inform all States that have signed or acceded to this Protocol and all States that have signed or acceded to the Convention:
(a) the date of each signature and the date of deposit of each instrument of ratification or accession to this Protocol;
(b) the receipt of any notification of denunciation of this protocol and the date of such receipt.
2. Depositaries will also notify the States mentioned in paragraph 1 of the date on which this Protocol entered into force in accordance with Article VI.
In faith, undersigned Plenipotentiaries, duly authorized, have signed this protocol.
Made in Montreal, on the twenty-fourth day of February of the year nine hundred and eighty-eight, in four originals, each in four authentic texts written in the French, English, Spanish and Russian languages.

Related States
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