Key Benefits:
LAW 764
(July 31)
Official Journal No. 44.889 of 5 August 2002
PUBLIC POWER-LEGISLATIVE BRANCH
By means of which the "Protocol for the Suppression of Illicit Acts of Violence in Airports that Service International Civil Aviation, Complementary to the Convention for the Suppression of Illicit Acts," is approved. against the security of civil aviation ", made in Montreal the twenty-three (23) of September of a thousand nine hundred and seventy-one (1971) made in Montreal the twenty-four (24) of February of a thousand nine hundred and eighty-eight (1988).
The Congress of the Republic
Having regard to the text of the Protocol for the Suppression of unlawful acts of violence at airports providing services to international civil aviation, complementary to the convention for the repression of unlawful acts against the security of aviation civil, made in Montreal the twenty-three (23) of September of a thousand nine hundred and seventy-one (1971), made in Montreal the twenty-four (24) of February of a thousand nine hundred and eighty-eight (1988), which to the letter says:
(To be transcribed: photocopy of the full text of the International Instrument mentioned).
" PROTOCOL FOR THE REPRESSION OF ILLEGAL ACTS OF VIOLENCE AT AIRPORTS SERVING INTERNATIONAL CIVIL AVIATION, COMPLEMENTARY TO THE CONVENTION FOR THE REPRESSION OF ILLEGAL ACTS AGAINST THE CIVIL AVIATION SECURITY, MADE IN MONTREAL ON SEPTEMBER 23, 1971.
States Parties to this Protocol,
Whereas the unlawful acts of violence which put or may endanger the safety of persons at airports serving international civil aviation or compromising the safe operation of such persons airports, undermine the confidence of the peoples of the world in the security of the airports concerned and disrupt the safe and orderly functioning of civil aviation in all States;
Whereas the realization of such acts is of grave concern to them and that, in order to prevent them, it is urgent to provide for appropriate measures to punish their perpetrators;
Whereas it is necessary to adopt provisions supplementing those of the Convention for the Suppression of Illicit Acts against the Security of Civil Aviation, done at Montreal on 23 September 1971, in order to deal with acts illicit violence at airports serving international civil aviation;
Have agreed to the following:
ARTICLE I. This Protocol complements the Convention for the Suppression of Illicit Acts against the Security of Civil Aviation, made in Montreal on 23 September 1971 (hereinafter referred to as " the Convention ") and, for the Parties to this Protocol, the Convention and the Protocol shall be considered and construed as a single instrument.
1. Add to Article 1. to the Convention the following paragraph 1a:
" 1 bis. Commit a crime every person who unlawfully and intentionally, using any device, substance or weapon:
(a) execute an act of violence against a person at an airport serving international civil aviation, causing or likely to cause serious injury or death; or
b) destroy or cause serious damage to the premises of an airport which provides services to international civil aviation or an aircraft which is not in service and is situated at the airport, or disrupts airport services, if that act puts at risk or may endanger airport security. "
2. In point (a) of Article 1 (2) of the Convention, insert ' or in paragraph 1. 'after' in paragraph 1o. '.
ARTICLE III. Add to Article 5o. to the Convention the following paragraph 2a:
" 2 bis. Each Contracting State shall also take the necessary measures to establish its jurisdiction over the offences referred to in paragraph 1. Article 1 (a). as well as in paragraph 2o. of the same Article, as soon as the last paragraph refers to the offences referred to in paragraph 1. (a) in the case where the alleged offender is in his territory and that State does not grant extradition, in accordance with Article 8o., to the State referred to in paragraph 1 (a) of this Article. "
ARTICLE IV. As of 24 February 1988, this Protocol shall be open in Montreal to the signature of the States participating in the International Conference on Air Law held in Montreal, 9 on 24 February 1988. After 1o. In March 1988, the Protocol shall be open for signature by all States in London, Moscow, Washington and Montreal until it enters into force in accordance with Article VI.
1. This Protocol shall be subject to the ratification of the signatory States.
2. Any State which is not a Contracting State to the Convention may ratify this Protocol if it ratifies the Convention at the same time or adheres to it in accordance with its Article 15.
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 International Civil Aviation Organization, which shall Depositaries are hereby designated.
1. As soon as ten signatory States deposit the instruments of ratification of this Protocol, it shall enter into force 30 days after the date of deposit of the 10th instrument of ratification. For each State that deposits its instrument of ratification after that date it shall enter into force thirty days after the date of deposit of such instrument.
2. As soon as this Protocol enters into force, it shall be registered by the Depositary in accordance with Article 102 of the Charter of the United Nations and with Article 83 of the Convention on International Civil Aviation (Chicago, 1944).
1. After its entry into force, this Protocol shall be open for the accession of the States, not signatories.
2. Any State which is not a Contracting State to the Convention may accede to this Protocol if it ratifies the Convention at the same time or adheres to it in accordance with its Article 15.
3. The instruments of accession shall be deposited with the Depositary and the accession shall take effect thirty days after the deposit.
1. Any Party to this Protocol may denounce it by written notification addressed to the Depositary.
2. The complaint shall take effect six months after the date on which the Depositary receives notification of such denunciation.
3. The denunciation of this Protocol shall not in itself mean the denunciation of the Convention.
4. The denunciation of the Convention by a Contracting State of the Convention supplemented by this Protocol shall also mean the denunciation of this Protocol.
1. Depositaries shall notify without delay to all the signatory and acceding States of this Protocol and to all signatory and acceding States of the Convention:
(a) the date of the signature and the deposit of each instrument of ratification of this Protocol or of accession thereto, and
(b) the receipt of any notification of denunciation of this Protocol and the date thereof.
2. Depositaries shall also notify the States referred to in paragraph 1. the date on which this Protocol shall enter into force in accordance with Article VI.
In testimony to which the undersigned Plenipotentiaries, duly authorized by their Governments to do so, sign this Protocol.
Made in Montreal on the twenty-fourth day of February of the year one thousand nine hundred and eighty-eight, in four originals, each consisting of four authentic texts in the Spanish, French, English and Russian languages. "
EXECUTIVE BRANCH OF PUBLIC POWER
PRESIDENCY OF THE REPUBLIC
Bogotá, D. C., January 3, 2000
Approved. Submit to the consideration of the honorable National Congress for Constitutional Effects.
(Fdo.) ANDRES PASTRANA ARANGO
The Foreign Minister,
(Fdo.) Guillermo Fernandez de Soto.
DECRETA:
ARTICLE 1o. Approve the Protocol for the Suppression of Illicit Acts of Violence in Airports that Provide Service to International Civil Aviation, complementary to the Convention for the Repressure of Acts Illicit against the Security of Civil Aviation, made in Montreal the twenty-three (23) of September of a thousand nine hundred and seventy-one (1971), made in Montreal the twenty-four (24) of February of a thousand nine hundred and eighty-eight (1988).
ARTICLE 2o. In accordance with the provisions of Article 1o. of Law 7a. 1944, the Protocol for the Repressure of Illicit Acts of Violence in Airports that Provide Service to International Civil Aviation, complementary to the Convention for the Repressure of Illicit Acts Against the Security of Civil Aviation, made in Montreal on the twenty-three (23) of September of a thousand nine hundred and seventy-one (1971), made in Montreal the twenty-four (24) of February of a thousand nine hundred and eighty-eight (1988), which by the first article of this law is approved, will force the country to from the date of the completion of the international link with respect to the same.
ARTICLE 3o. This law governs from the date of its publication.
The President of the honorable Senate of the Republic,
Carlos Garcia Orjuela.
The Secretary General (E.) of the honorable Senate of the Republic,
Luis Francisco Boada Gomez.
The President of the honorable House of Representatives,
Guillermo Gaviria Zapata.
The Secretary General of the honorable House of Representatives,
Angelino Lizcano Rivera.
COLOMBIA-NATIONAL GOVERNMENT
Communicate and comply.
Execute, upon revision of the Constitutional Court, in accordance with article 241-10 of the Political Constitution.
Dada en Bogotá, D. C., at 31 July 2002.
ANDRES PASTRANA ARANGO
The Foreign Minister,
Guillermo Fernandez de Soto.
