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RS 0.748.710.3 Convention of 23 September 1971 for the Suppression of Unlawful Acts against the Safety of Civil Aviation

Original Language Title: RS 0.748.710.3 Convention du 23 septembre 1971 pour la répression d’actes illicites dirigés contre la sécurité de l’aviation civile

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0.748.710.3

Original text

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

Conclue in Montréal September 23, 1971
Approved by the Federal Assembly on June 14, 1977 1
Instruments of ratification deposited by Switzerland on 17 January 1978
Entry into force for Switzerland February 16, 1978

(State on 8 August 2013)

The States Parties to this Convention,

Whereas unlawful acts against the safety of civil aviation endanger the safety of persons and property, seriously hamper the operation of air services and undermine the confidence of the peoples of the world in security Civil aviation,

Whereas such acts are of grave concern,

Whereas, in order to prevent such acts, there is an urgent need to provide for appropriate measures for the punishment of their authors,

Agreed to the following provisions:

Art. 1

1. Every person who unlawfully and intentionally is guilty of a criminal offence:

(a)
Carries out an act of violence against a person on board an aircraft in flight, if that act is such as to endanger the safety of that aircraft;
(b)
Destroys an aircraft in service or causes damage to such aircraft that renders it unfit for flight or which may jeopardize its flight safety;
(c)
Place or cause to be placed on an aircraft in service, by any means, a device or substances intended to destroy the said aircraft or cause damage to it that render it unfit for flight or which may endanger its safety in Theft;
(d)
Destroys or damages air navigation facilities or services or disrupts the operation of such facilities, if any such act is such as to endanger the safety of aircraft in flight;
(e)
Communicates information that is known to be false and, as such, compromises the safety of an aircraft in flight.

1 Bis . 1 Every person who, unlawfully and intentionally, by means of a device, substance or weapon, is guilty of a criminal offence:

(a)
Performs against a person, at an airport serving international civil aviation, an act of violence 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 discontinue the services of the airport,

If such an act compromises or is likely to endanger the security of the airport.

2. Also a criminal offence for any person who:

(a)
Attempt to commit any of the offences listed in paragraph 1 or paragraph 1 Bis 2 Of this article;
(b)
Is the accomplice of the person who commits or attempts to commit any of these offences.

1 Introduced by Art. II 1 of the Prot. Of 24 February 1988, in force for Switzerland since 8 Nov 1990 in its relations with the States Parties Audit Protocol (RO 1990 1935; FF 1989 III 418).
2 Words introduced by art. II 2 of the Prot. Of 24 February 1988, in force for Switzerland since 8 Nov 1990 in its relations with the States Parties Audit Protocol (RO 1990 1935; FF 1989 III 418).

Art. 2

For the purposes of this Agreement:

(a)
An aircraft is considered to be in flight from the time the boarding is completed, all its exterior doors have been closed until one of these doors is open for deplaning; in the case of a forced landing, the flight is Intended to continue until the competent authority takes over the aircraft and the persons and goods on board;
(b)
An aircraft is considered to be in service from the time the ground crew or crew begins to prepare it for a specified flight up to twenty-four hours after landing; the period of service In any case shall extend to the totality of the time during which the aircraft is in flight within the meaning of paragraph (a) of this paragraph.
Art. 3

Any Contracting State undertakes to punish severe penalties for the offences listed in Article 1.

Art. 4

1. This Agreement shall not apply to aircraft used for military, customs or police purposes.

2. In the cases referred to in paragraphs 1 (a), (b), (c) and (e) of paragraph 1 of Article 1, this Convention, be it an aircraft in international flight or an aircraft in domestic flight, shall apply only:

(a)
Whether the actual or intended place of the take-off or landing of the aircraft is located outside the territory of the State of registration of that aircraft; or
(b)
If the offence is committed in the territory of a State other than the State of registration of the aircraft.

Notwithstanding the provisions of paragraph 2 of this Article, in the cases referred to in paragraphs (a), (b), (c) and (e) of paragraph 1 of Article 1, this Convention shall also apply if the alleged perpetrator or perpetrator is discovered In the territory of a State other than the State of registration of the aircraft.

4. As regards the States referred to in Article 9 and in the cases provided for in paragraphs 1 (a), (b), (c) and (e) of Article 1, this Convention shall not apply if the places referred to in paragraph 2 (a) of this Article are In the territory of one of the States referred to in Article 9, unless the offence is committed or the alleged perpetrator or perpetrator is found in the territory of another State.

5. In the cases referred to in paragraph 1 (d) of Article 1, this Convention shall apply only if the air navigation facilities and services are used for international air navigation.

6. The provisions of paragraphs 2, 3, 4 and 5 of this Article shall also apply in the cases provided for in Article 1, paragraph 2.

Art. 5

1. Any Contracting State shall take the measures necessary to establish its jurisdiction for the purpose of determining infringements in the following cases:

(a)
If the offence is committed in the territory of that State;
(b)
If the offence is committed against or on board an aircraft registered in that State;
(c)
If the aircraft on which the offence is committed lands on its territory with the alleged offender who is still on board;
(d)
If the offence is committed against or on board an aircraft leased without crew to a person who has the principal place of business or, failing that, his or her permanent residence in that State.

(2) Any Contracting State shall also take the measures necessary to establish its jurisdiction for the offences provided for in paragraphs 1 (a), (b) and (c) of paragraph 1 of Article 1, as well as in paragraph 2 of the same article, provided that Last paragraph concerns such infringements, in the case where the alleged perpetrator of one of them is on the territory and where that State does not extradite him in accordance with Article 8 to one of the States referred to in paragraph 1 of this Article.

2 Bis . 1 Any Contracting State shall also take the measures necessary to establish its jurisdiction for the purposes of the offences set out in paragraph 1 Bis Article 1 and in paragraph 2 of the same Article, provided that the latter paragraph concerns such infringements, 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) of this Article.

3. This Convention does not preclude any criminal jurisdiction exercised in accordance with national laws.


1 Introduced by Art. III of the Prot. Of 24 February 1988, in force for Switzerland since 8 Nov 1990 in its relations with the States Parties Audit Protocol (RO 1990 1935; FF 1989 III 418)

Art. 6

1. If it considers that the circumstances so warrant, any Contracting State in whose territory the alleged offender or author of the offence is located shall ensure the detention of that person or take all other measures necessary to ensure his or her Presence. Such detention and measures shall be in accordance with the law of that State; they may only be maintained for the period necessary for the initiation of criminal proceedings or extradition proceedings.

2. The said State shall immediately carry out a preliminary investigation with a view to establishing the facts.

(3) Any person detained pursuant to paragraph 1 of this article may immediately communicate with the nearest qualified representative of the State of which he is a national; all facilities shall be accorded to him for that purpose.

4. Where a State has detained a person in accordance with the provisions of this article, it shall immediately notify that person, as well as the circumstances which justify it, of the States referred to in paragraph 1 of Article 5, the State of which The person detained has the nationality and, if he considers it appropriate, all other interested States. The State conducting the preliminary inquiry referred to in paragraph 2 of this Article shall promptly communicate its findings to the said States and shall indicate whether it intends to exercise its jurisdiction.

Art. 7

The Contracting State in whose territory the alleged perpetrator of one of the offences is discovered, if he does not extradite him, submits the case, without any exception and whether or not the offence was committed on its territory, to its authorities Competent for the exercise of criminal action. These authorities shall take their decision under the same conditions as for any infringement of a common law of a serious nature in accordance with the laws of that State.

Art. 8

1. Offences are fully understood as extraditable offences in any extradition treaty between Contracting States. The Contracting States undertake to understand the offences as extraditable offences in any extradition treaty to be concluded between them.

(2) If a Contracting State which makes extradition conditional on the existence of a treaty is seized of a request for extradition by another Contracting State with which it is not bound by an extradition treaty, it has the discretion to consider the present Convention as constituting the legal basis for extradition in respect of offences. Extradition shall be subject to the other conditions laid down by the law of the requested State.

(3) Contracting States which do not make extradition conditional on the existence of a treaty shall recognise offences as extraditable offences between themselves under the conditions laid down by the law of the requested State.

4. Between Contracting States, offences are considered for the purpose of extradition as having been committed both in the place of their commission and in the territory of the States required to establish their jurisdiction under paragraphs (b), (c) and (d) of the paragraph 1 of Article 5.

Art.

The Contracting States which constitute for the air transport of joint operating organisations or international operating agencies operating aircraft subject to joint or international registration Designate, for each aircraft, in the appropriate manner, the State which exercises the jurisdiction and shall have the powers of the State of registration for the purposes of this Convention. They shall notify the International Civil Aviation Organization of this designation, which shall inform all States Parties to this Convention.

Art. 10

(1) The Contracting States undertake, in accordance with international and national law, to endeavour to take reasonable measures to prevent the offences referred to in Article 1.

2. When the flight of an aircraft has been delayed or interrupted as a result of the commission of one of the offences provided for in Article 1, any Contracting State on whose territory the aircraft, passengers or crew are located shall facilitate passengers And to the crew the continuation of their journey as soon as possible. It shall delay the return of the aircraft and its cargo to those who have the right to hold them.

Art. 11

1. The Contracting States shall afford the widest measure of mutual legal assistance in any criminal proceedings relating to offences. In all cases, the law applicable to the execution of a request for assistance is that of the requested State.

(2) However, the provisions of paragraph 1 of this article shall not affect obligations arising from the provisions of any other bilateral or multilateral treaty which governs or will govern, in whole or in part, the field of mutual assistance Criminal justice.

Art. 12

Any Contracting State which has reason to believe that any of the offences provided for in Article 1 shall be committed shall, in accordance with the provisions of its national law, provide all relevant information in its possession to the States which, in its opinion, would be The States referred to in Article 5, paragraph 1.

Art. 13

Any Contracting State shall communicate as promptly as possible to the Council of the International Civil Aviation Organization, in accordance with the provisions of its national law, all relevant information in its possession relating to:

(a)
The circumstances of the offence;
(b)
Measures taken in accordance with article 10, paragraph 2;
(c)
Measures taken with regard to the alleged perpetrator or author of the offence and, in particular, the result of any extradition procedure or any other judicial procedure.
Art. 14

1. Any dispute between the Contracting States concerning the interpretation or application of this Convention which cannot be settled by negotiation shall be submitted to arbitration at the request of one of them. If, within six months after the date of the request for arbitration, the Parties fail to agree on the organization of the arbitration, any one of them may refer the dispute to the International Court of Justice, in Filing a request in accordance with the Statute of the Court.

(2) Each State may, at the time of signing or ratifying this Convention or acceding to it, declare that it does not consider itself bound by the provisions of the preceding paragraph. The other Contracting States shall not be bound by those provisions to any Contracting State which has made such a reservation.

3. Any Contracting State which has made a reservation in accordance with the provisions of the preceding paragraph may at any time raise this reservation by means of a notification addressed to the depositary governments.

Art. 15

This Convention shall be open on 23 September 1971 in Montréal at the signature of the States participating in the International Conference on Air Law held in Montréal from 8 to 23 September 1971 (hereinafter referred to as "the Montreal Conference"). After 10 October 1971, it will be open for signature by all states in Washington, London and Moscow. Any State which has not signed the Convention before it has entered into force in accordance with paragraph 3 of this Article may accede to it at any time.

2. This Convention shall be subject to ratification by the signatory States. The instruments of ratification and instruments of accession 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, which are Hereby designated as depositary governments.

3. This Convention shall enter into force thirty days after the date of deposit of the instruments of ratification of ten signatory States that participated in the Conference of Montreal.

4. For other States, this Convention shall enter into force on the date of its entry into force in accordance with paragraph 3 of this Article or thirty days after the date of deposit of their instruments of ratification or accession, if that Second date is later than the first date.

Depositary Governments shall promptly inform all States which sign this Convention or adhere to it of the date of each signature, of the date of deposit of each instrument of ratification or accession, of the date of entry into The vigor of this Agreement and any other communications.

Upon entry into force, this Agreement shall be registered by the Depositary Governments in accordance with the provisions of Article 102 of the Charter of the United Nations 1 And in accordance with the provisions of Article 83 of the Convention on International Civil Aviation (Chicago, 1944) 2 .


Art. 16

1. Any Contracting State may denounce this Convention by means of a written notification addressed to the depositary governments.

The denunciation shall take effect six months after the date on which the notification has been received by the depositary Governments.

In witness whereof, The undersigned Plenipotentiaries, duly authorised, have signed this Convention.

Done at Montréal, on the twenty-third day of September of the year thousand nine hundred and sixty and eleven, in three originals, each consisting of four authentic texts written in the English, French, Spanish and Russian languages.

(Suivent signatures)

Scope of application on 8 August 2013 2

States Parties

Ratification Accession (A) Declaration of succession (S)

Entry into force

Afghanistan *

26 September

1984 A

26 October

1984

South Africa *

30 May

1972

26 January

1973

Albania

21 October

1997 A

20 November

1997

Algeria *

6 October

1995 A

5 November

1995

Germany *

3 February

1978

March 5

1978

Andorra *

30 June

2006 A

July 30

2006

Angola

12 March

1998 A

April 11

1998

Antigua and Barbuda

July 22

1985 A

August 21

1985

Saudi Arabia *

14 June

1974 A

July 14

1974

Argentina

26 November

1973

26 December

1973

Armenia

10 September

2002 A

10 October

2002

Australia

July 12

1973

August 11

1973

Austria

February 11

1974

13 March

1974

Azerbaijan

15 March

2000 A

April 14

2000

Bahamas

27 December

1984 A

26 January

1985

Bahrain *

20 February

1984 A

21 March

1984

Bangladesh

28 June

1978 A

28 July

1978

Barbados

August 6

1976

September 5

1976

Belarus *

31 January

1973

2 March

1973

Belgium

13 August

1976

12 September

1976

Belize

10 June

1998 A

10 July

1998

Benin

19 April

2004 A

19 May

2004

Bhutan

28 December

1988 A

27 January

1989

Bolivia

18 July

1979 A

August 17

1979

Bosnia and Herzegovina

August 15

1994 S

6 March

1992

Botswana

28 December

1978

27 January

1979

Brazil *

24 July

1972

26 January

1973

Brunei

April 16

1986 A

May 16

1986

Bulgaria

22 February

1973

24 March

1973

Burkina Faso

19 October

1987 A

18 November

1987

Cambodia

8 November

1996 A

8 December

1996

Cameroon *

July 11

1973 A

10 August

1973

Canada

19 June

1972

26 January

1973

Cape Verde

20 October

1977 A

19 November

1977

Chile

28 February

1974 A

30 March

1974

China *

10 September

1980

10 October

1980

Hong Kong *

3 June

1997

1 Er July

1997

Cyprus

27 July

1973

26 August

1973

Colombia

4 December

1974 A

3 January

1975

Comoros

1 Er August

1991 A

August 31

1991

Congo (Brazzaville)

19 March

1987

18 April

1987

Congo, Kinshasa

July 6

1977 A

August 5

1977

Korea (North) *

13 August

1980 A

12 September

1980

Korea (South) *

2 August

1973 A

1 Er September

1973

Costa Rica

21 September

1973

21 October

1973

Côte d' Ivoire

9 January

1973 A

February 8

1973

Croatia

12 June

1993 S

8 October

1991

Cuba *

October 31

2001 A

30 November

2001

Denmark *

17 January

1973

February 16

1973

Djibouti

24 November

1992 A

24 December

1992

Dominica

26 July

2005 A

August 25

2005

Egypt *

20 May

1975

19 June

1975

El Salvador

September 25

1979 A

25 October

1979

United Arab Emirates

April 14

1981 A

14 May

1981

Ecuador

12 January

1977 A

February 11

1977

Spain

30 October

1972

26 January

1973

Estonia

22 December

1993 A

21 January

1994

United States

1 Er November

1972

26 January

1973

Ethiopia *

26 March

1979

April 25

1979

Fiji

March 5

1973

April 4

1973

Finland

July 13

1973 A

August 12

1973

France *

30 June

1976 A

July 30

1976

Gabon

29 June

1976

July 29

1976

Gambia

28 November

1978 A

28 December

1978

Georgia

20 April

1994 A

20 May

1994

Ghana

12 December

1973 A

11 January

1974

Greece

15 January

1974

February 14

1974

Grenada

10 August

1978 A

9 September

1978

Guatemala *

19 October

1978

18 November

1978

Guinea

2 May

1984 A

1 Er June

1984

Equatorial Guinea

3 January

1991 A

2 February

1991

Guinea-Bissau

August 20

1976 A

19 September

1976

Guyana

21 December

1972 A

26 January

1973

Haiti

9 May

1984

8 June

1984

Honduras *

13 April

1987 A

13 May

1987

Hungary

27 December

1972

26 January

1973

Cook Islands

April 14

2005 A

14 May

2005

Marshall Islands

May 31

1989 A

30 June

1989

Solomon Islands

6 May

1982 S

7 July

1978

India *

12 November

1982

12 December

1982

Indonesia *

August 27

1976 A

26 September

1976

Iran

10 July

1973 A

August 9

1973

Iraq

10 September

1974 A

10 October

1974

Ireland

12 October

1976 A

11 November

1976

Iceland

29 June

1973 A

July 29

1973

Israel

30 June

1972

26 January

1973

Italy * *

19 February

1974

21 March

1974

Jamaica

16 September

1983

October 16

1983

Japan

12 June

1974 A

July 12

1974

Jordan

13 February

1973

15 March

1973

Kazakhstan

April 4

1995 A

4 May

1995

Kenya

11 January

1977 A

10 February

1977

Kyrgyzstan

25 February

2000 A

26 March

2000

Kuwait

23 November

1979 A

December 23

1979

Laos

March 27

1989

April 26

1989

Lesotho

27 July

1978 A

26 August

1978

Latvia

13 April

1997 A

13 May

1997

Lebanon

December 23

1977 A

22 January

1978

Liberia

1 Er February

1982 A

3 March

1982

Libya

19 February

1974 A

21 March

1974

Liechtenstein

23 February

2001 A

25 March

2001

Lithuania

4 December

1996 A

3 January

1997

Luxembourg

18 May

1982

17 June

1982

Macedonia

4 January

1995 S

8 September

1991

Madagascar

18 November

1986 A

18 December

1986

Malaysia

4 May

1985 A

3 June

1985

Malawi *

21 December

1972 A

26 January

1973

Maldives

1 Er September

1987 A

1 Er October

1987

Mali

August 24

1972 A

26 January

1973

Malta

14 June

1991 A

July 14

1991

Morocco *

24 October

1975 A

23 November

1975

Mauritius

April 25

1983 A

25 May

1983

Mauritania

1 Er November

1978 A

1 Er December

1978

Mexico

12 September

1974

12 October

1974

Micronesia

19 March

2003 A

18 April

2003

Moldova

21 May

1997 A

20 June

1997

Monaco

3 June

1983 A

3 July

1983

Mongolia *

September 5

1972

26 January

1973

Montenegro

9 January

2007 S

3 June

2006

Mozambique

16 January

2003 A

February 15

2003

Myanmar

20 May

1996 A

19 June

1996

Namibia

4 November

2005 A

4 December

2005

Nauru

17 May

1984 A

June 16

1984

Nepal

10 January

1979 A

February 9

1979

Nicaragua

6 November

1973

6 December

1973

Niger

1 Er September

1972

26 January

1973

Nigeria

3 July

1973 A

2 August

1973

Niue

September 30

2009 A

30 October

2009

Norway

1 Er August

1973 A

August 31

1973

New Zealand

12 February

1974

March 14

1974

Oman *

2 February

1977 A

March 4

1977

Uganda

19 July

1982 A

August 18

1982

Uzbekistan

7 February

1994 A

March 9

1994

Pakistan

16 January

1974 A

February 15

1974

Palau

August 3

1995 A

2 September

1995

Panama

24 April

1972

26 January

1973

Papua New Guinea *

4 December

1975 S

16 September

1975

Paraguay

March 5

1974

April 4

1974

Netherlands *

August 27

1973

26 September

1973

Aruba

July 11

1974

Curaçao

July 11

1974

Caribbean (Bonaire, Sint Eustatius and Saba)

July 11

1974

Sint Maarten

July 11

1974

Peru *

28 April

1978 A

28 May

1978

Philippines

26 March

1973

April 25

1973

Poland *

28 January

1975

February 27

1975

Portugal *

15 January

1973

February 14

1973

Qatar *

26 August

1981

September 25

1981

Central African Republic

1 Er July

1991 A

July 31

1991

Dominican Republic

28 November

1973

28 December

1973

Czech Republic

14 November

1994 S

1 Er January

1993

Romania *

August 15

1975

September 14

1975

United Kingdom * **

25 October

1973

24 November

1973

Russia

19 February

1973

21 March

1973

Rwanda

3 November

1987

3 December

1987

Saint Lucia

8 November

1983 A

8 December

1983

Saint Kitts and Nevis

10 September

2008 A

10 October

2008

Saint Vincent and the Grenadines

29 November

1991 A

29 December

1991

Samoa

July 9

1998 A

8 August

1998

Sao Tome and Principe

8 May

2006 A

7 June

2006

Senegal

3 February

1978

March 5

1978

Serbia

July 23

2001

April 27

1992

Seychelles

29 December

1978 A

28 January

1979

Sierra Leone

September 20

1979 A

20 October

1979

Singapore

12 April

1978

12 May

1978

Slovakia

6 March

1995 S

1 Er January

1993

Slovenia

August 20

1992 S

25 June

1991

Sudan

January 18

1979 A

17 February

1979

Sri Lanka

30 May

1978 A

29 June

1978

Sweden

10 July

1973 A

August 9

1973

Switzerland

17 January

1978

February 16

1978

Suriname

27 October

1978 S

25 November

1975

Swaziland

27 December

1999 A

26 January

2000

Syria *

10 July

1980 A

August 9

1980

Tajikistan

29 February

1996 A

30 March

1996

Tanzania

August 9

1983 A

8 September

1983

Chad

July 12

1972

26 January

1973

Thailand

May 16

1978 A

15 June

1978

Togo

February 9

1979 A

March 11

1979

Tonga

21 February

1977 A

23 March

1977

Trinidad and Tobago

February 9

1972

26 January

1973

Tunisia *

16 November

1981 A

16 December

1981

Turkmenistan

25 May

1999 A

24 June

1999

Turkey

December 23

1975

22 January

1976

Ukraine *

26 February

1973

28 March

1973

Uruguay

12 January

1977 A

February 11

1977

Vanuatu

6 November

1989 A

6 December

1989

Venezuela *

21 November

1983

21 December

1983

Vietnam *

September 17

1979 A

17 October

1979

Yemen

29 September

1986 A

29 October

1986

Zambia

3 March

1987 A

2 April

1987

Zimbabwe

February 6

1989 A

8 March

1989

*

Reservations and declarations.

**

Objections. Reservations, declarations and objections are not published in the RO. English texts can be found at the website of the International Civil Aviation Organization (ICAO): www.icao.int/publications/Pages/FR/series-doc.aspx or obtained from the Directorate of Public International Law (DDIP), International Treaty Section, 3003 Berne.


RO 1978 462; FF 1976 III 1292


1 RO 1978 461
2 RO 1978 469, 1979 1535, 1981 1631, 1982 1564, 1984 279, 1985 250, 1986 908, 1987 1162, 1989 926, 1990 1873, 1992 936, 2004 1625, 2007 4211, 2010 3379, 2013 2725. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).


Status August 8, 2013