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, concluded at Montreal on 23 September 1971 approved by the Federal Assembly on June 14, 1977, Instruments of ratification deposited by Switzerland on 17 January 1978 entry into force for the Switzerland February 16, 1978 (State August 8, 2013) the States parties to this convention considering that unlawful acts against the safety of civil aviation jeopardize the safety of persons and goods, hinder seriously the operation of air services, and undermine the confidence of the peoples of the world in the safety of civil aviation, considering that such acts of concern to them seriously, considering that, in order to prevent these acts, it is an urgent need to provide appropriate measures for punishment of the perpetrators , have agreed upon the following provisions: art. 1 1. Commits an offence criminal any person who unlawfully and intentionally: a) performs an act of violence against a person on board an aircraft in flight if that Act is likely to endanger the safety of that aircraft; b) destroys an aircraft in service or causes to such aircraft for damage that make it incapable of flight or which is likely to endanger its safety in flight; c) places or placed on an aircraft in service, by any means whatsoever, a device or the proper substances destroy the aircraft or him damage that make it incapable of flight or which is likely to endanger its safety in flight; d) destroys or damages air navigation services or facilities or disturbs the operation, if one of these acts is likely to endanger the safety of aircraft in flight; e) communicates information which she knows to be false and thereby endangers the safety of an aircraft in flight.

1. commits an offence criminal any person who unlawfully and intentionally, using a device, substance or weapon: has) accomplished against a person at an airport serving international civil aviation, an act of violence which causes or is likely to cause serious injury or death; OUB) destroyed or damaged seriously the facilities of an airport serving international civil aviation or aircraft are not in service and located in the airport, or interrupts airport services, if the act endangers or is likely to endanger safety at that airport.
((2 also commits an offence criminal anyone who: a) attempts to commit one of the offences listed in paragraph 1 or in paragraph 1 of this article; b) is an accomplice of a person who commits or attempts to commit any of these offences.

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

S. 2 for the purposes of this convention: a) an aircraft is considered as being in flight from the time, boarding is completed, all its external doors have been closed until the moment where one door is opened for disembarkation; in the event of a forced landing, the flight is supposed to continue until the competent authority supports the aircraft as well as the persons and property on board; b) an aircraft is considered as being in service since the time staff at the ground or the crew begins to prepare for a flight determined until the expiry of a period of twenty-four hours after any landing; the service period is in any case all of the time during which the aircraft is in flight as defined in paragraph a) of this paragraph.

S. 3. each Contracting State undertakes to suppress severe penalties for the offences listed in article 1.

S. 4 1. This convention does not apply to aircraft used in military, customs or police.
2. in the cases referred to in paragraphs a), b), c) and (e)) paragraph 1 of article 1, this convention, whether it be an aircraft in international flight or an aircraft in flight, applies that: has) if the real or expected place take-off or landing of the aircraft is situated outside the territory of the State of registration of that aircraft; ORB) if the offence is committed in the territory of one State other than the State of registry of the aircraft.

3. Notwithstanding the provisions of paragraph 2 of this article, in the cases referred to in paragraphs a), b), c) and (e)) paragraph 1 of article 1, this convention also applies if the author or the alleged perpetrator of the offence is discovered on the territory of one State other than the State of registry of the aircraft.
4. with regard to the States referred to in article 9 and in the cases provided for in paragraphs a), b), c) and (e)) paragraph 1 of article 1, this convention does not apply if the places referred to in article) of paragraph 2 of this article are located in the territory of one of the States referred to in article 9 unless the offence was committed or the author or the alleged perpetrator of the offence is discovered on the territory of another State.
5. in the cases referred to in paragraph d) of paragraph 1 of article 1, this convention does not apply unless air navigation services and facilities are used for international air navigation.
6. the provisions of paragraphs 2, 3, 4 and 5 of this article shall apply also in cases provided for in paragraph 2 of article 1.

S. 5 1. Contracting all State takes the necessary measures to establish its jurisdiction over the offences 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 board which the offence is committed lands in its territory with the alleged offender still on board; d) if the offence is committed against or to Board an aircraft leased without crew to a person who has the headquarters of its exploitation or, failing, his residence permanently in that State.

((2 any Contracting State also takes the necessary measures to establish its jurisdiction for the purposes of offence provided for in paragraphs a), b) and (c)) paragraph 1 of article 1, as well as in paragraph 2 of the same article, provided that this last paragraph concerning such offences, in the case where the alleged perpetrator of one of them is located on are territory and where such State does not extradite pursuant to article 8 to any of the States referred to in paragraph 1 of this article.
(2 any Contracting State takes also the necessary measures to establish its jurisdiction over the offences provided for in paragraph 1 of article 1 and paragraph 2 of the same article, provided that this last paragraph concerning such offences, where the alleged perpetrator of one of them is located on its territory and said status does extradite not pursuant to article 8 to the State referred to in paragraph a) of paragraph 1 of this article.
3. this convention does not exclude any criminal jurisdiction exercised in accordance with national laws.

Introduced by art. (III) the Prot. the 24 Feb. 1988, in force for Switzerland since Nov. 8. 1990 in its relations with 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 offender is present or the alleged perpetrator of the offence ensures the detention of this person or take any other necessary measures to ensure his presence. This detention and these measures must comply with the legislation of that State; they can be maintained during the time required for criminal prosecution or extradition proceedings.
2 such State shall immediately make a preliminary inquiry to establish the facts.
3. any person detained pursuant to paragraph 1 of this article may communicate immediately with the nearest qualified representative of the State whose nationality; all facilities are granted to him for this purpose 4. When a State has placed a person in custody in accordance with the provisions of this article, shall notify immediately such detention and the circumstances that justify it, the States mentioned in paragraph 1 of article 5, the State of the detained person's nationality and, if it considers it appropriate, all other interested States. The State conducting the preliminary investigation referred to in paragraph 2 of this article quickly communicate the findings such States and tells them whether it intends to exercise jurisdiction.

S. 7. the State contractor in the territory of which the alleged perpetrator of one of the offences is found shall, if it does not extradite, submit the case, without exception whatsoever and whether the offence, was committed in its territory, to its competent authorities for the exercise of criminal action. These authorities shall take their decision in the same conditions as any ordinary offences of a serious nature in accordance with the laws of this State.

S. 8 1. The offences are included as extraditable in any extradition treaty concluded between Contracting States. The Contracting States undertake to include the offences as extraditable offences 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 by another Contracting State with which it is not bound by an extradition treaty, it has the discretion to consider this convention as the legal basis for extradition in relation to offences. Extradition shall be subject to the other conditions provided by the law of the requested State.
3. the Contracting States which do not make extradition conditional on the existence of a treaty recognize the offences as extraditable between them under the conditions provided by the law of the requested State.
4. between Contracting States, the offences are considered for the purposes of extradition as if they had been committed both instead of their Commission on the territory of the States required to establish their jurisdiction in accordance with paragraphs b), c)) and (d) of paragraph 1 of article 5.

S. 9. the Contracting States which are for air transport of transit operating organizations or international operating agencies who operate aircraft subject to joint or international registration shall designate, for each aircraft, the appropriate manner, the State which exercises jurisdiction and will have the powers of the State of registry for the purposes of this convention. They will notify the international civil aviation organization designation, which will inform all States Parties to this convention.

S. 10 1. The Contracting States undertake, in accordance with international and national law to endeavour to take reasonable steps to prevent the offences referred to in article 1.
2 when the flight of an aircraft has been delayed or interrupted due to the perpetration of one of the offences provided for in article 1, any Contracting State on whose territory lie the aircraft, passengers or crew facilitates passenger and crew continued their journey as soon as possible. It renders in delay the aircraft and its cargo to those who have the right to detain them.

S. 11 1. The Contracting States agree the broadest mutual assistance possible in any criminal proceedings for offences. In all cases, the applicable law for the execution of a request for mutual assistance is that of the requested State.
2. However, the provisions of paragraph 1 of this article do not affect the obligations arising from the provisions of any other treaty, bilateral or multilateral, which governs or will govern, in whole or in part, mutual assistance in criminal matters.

S. 12 any Contracting State which has reason to believe that one of the offences referred to in article 1 will be committed in accordance with the provisions of its national legislation, provides all relevant information in its possession to States that in his opinion would be the States referred to in paragraph 1 of article 5.

S. 13 any Contracting State shall communicate as soon as possible to the Council of the Organization of international civil aviation, in accordance with the provisions of its national legislation, all information in its possession concerning: a) to the circumstances of the offence; b) with measures taken in application of paragraph 2 of article 10; c) the measures taken against the author or the alleged perpetrator of the offence and, in particular, the outcome of any procedure for extradition or other proceedings.

S. 14 1. Any dispute between Contracting States concerning the interpretation or application of this convention which cannot be settled by negotiation is subject to arbitration at the request of one of them. If, within six months following the date of the request for arbitration, the Parties are unable to agree on the Organization of the arbitration, one any of them may refer the dispute to the International Court of Justice, by filing a request in accordance with the Statute of the Court.
2. each State may, at the time signing, where, or acceding to, this convention, declare that it does not consider itself bound by the provisions of the preceding paragraph. Other Contracting States are not bound by these provisions to any Contracting State which has entered 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 withdraw such reservation by a notification addressed to the depositary Governments.

S. 15 1. This convention will open September 23, 1971 in Montreal at the signing of the States participating in the International Conference on air law held at Montreal from 8 to 23 September 1971 (hereinafter "the Montreal Conference"). After October 10, 1971, it will be open to all States for signature in Washington, London and Moscow. Any State which has not signed the convention before it entered into force in accordance with paragraph 3 of this article may accede at any time.
2. this convention is subject to ratification by the signatory States. Instruments of ratification and instruments of accession will 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 referred to herein as Governments depositaries.
3 this convention shall enter into force thirty days after the date of the deposit of the instruments of ratification of ten signatory States who 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 30 days after the date of the deposit of their instruments of ratification or accession, if this second date is later than the first.
5. the depositary Governments shall promptly inform all the States which may sign this convention or accede from the date of each signature, the date of the deposit of each instrument of ratification or accession, the date of entry into force of this convention as well as all other communications.
6. upon entry into force, this convention shall be registered by the depositary Governments pursuant to article 102 of the Charter of the United Nations and in accordance with the provisions of article 83 of the Convention on civil aviation International (Chicago) 1944.

RS 0.120 RS 0.748.0 s. 16 1. Any Contracting State may denounce this convention by written notification addressed to the depositary Governments.
2. 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, being duly authorized, have signed the present convention.
Done at Montreal, the twenty-third day of September of the year millet nine hundred and sixty and eleven, in three original copies, each comprising four authentic texts written in English, French, Russian and Spanish languages.
(Follow signatures)

Scope August 8, 2013 States parties Ratification accession (A) Declaration of succession (S) entry into force Afghanistan * September 26, 1984 has 26 October 1984 South Africa * 30 May 1972 26 January 1973 Albania 21 October 1997 has 20 November 1997 Algeria * 6 October 1995 to November 5, 1995 Germany * February 3, 1978 March 5, 1978 Andorra * 30 June 2006 A 30 July 2006 Angola 12 March 1998 has April 11, 1998 Antigua and Barbuda 22 July 1985 A 21 August 1985 Saudi Arabia * 14 June 1974 14 July 1974 Argentina 26 November 1973 26 December 1973 10 September 2002 Armenia has 10 October 2002 Australia 12 July 1973 11 August 1973 Austria 11 February 1974 13 March 1974 Azerbaijan 15 March 2000 April 14, 2000 Bahamas December 27, 1984 has 26 January 1985 Bahrain * February 20, 1984 A March 21, 1984 Bangladesh 28 June 1978 28 July 1978 Barbados August 6, 1976 September 5, 1976 Belarus *.

January 31, 1973 March 2, 1973 Belgium 13 August 1976 September 12, 1976 Belize 10 June 1998 July 10, 1998 Benin 19 April 2004 was May 19, 2004 Bhutan 28 December 1988 January 27, 1989 Bolivia 18 July 1979 A 17 August 1979 Bosnia and Herzegovina 15 August 1994 S March 6, 1992 Botswana 28 December 1978 January 27, 1979 Brazil * July 24, 1972 26 January 1973 Brunei 16 April 1986 has 16 May 1986 Bulgaria 22 February

1973 24 March 1973 Burkina Faso 19 October 1987 18 November 1987 Cambodia 8 November 1996 has 8 December 1996 Cameroon * July 11, 1973 August 10, 1973 Canada June 19, 1972 26 January 1973 Cap - green October 20, 1977 to November 19, 1977 Chile 28 February 1974 has 30 March 1974 China * 10 September 1980 October 10, 1980, Hong Kong * 3 June 1997 1 July 1997 Cyprus 27 July 1973 26 August 1973 Colombia 4 December 1974 A 3 January 1975 Comoros 1 August 1991 A 31 August 1991 Congo (Brazzaville) 19 March 1987 18 April 1987 Congo (Kinshasa) 6 July 1977 has 5 August 1977 Korea (North) * 13 August 1980 12 September 1980 Korea (South) * August 2, 1973 September 1, 1973 Costa Rica September 21, 1973 October 21, 1973 Côte d'Ivoire 9 January 1973 was February 8, 1973 Croatia 12 June 1993 S 8 October 1991 Cuba * October 31, 2001 30 November 2001 Denmark * 17 January 1973 16 February 1973 Djibouti 24 November 1992 A 24 December 1992 Dominica 26 July 2005 has August 25, 2005 Egypt * 20 May 1975 19 June 1975 El El Salvador 25 September 1979 was 25 October 1979 14 April 1981 United Arab Emirates has 14 may


1981 Ecuador 12 January 1977 to February 11, 1977 Spain 30 October 1972 26 January 1973 Estonia 22 December 1993 has 21 January 1994 United States 1 November 1972 26 January 1973 Ethiopia * 26 March 1979 25 April 1979 Fiji 5 March 1973 April 4, 1973 Finland 13 July 1973 was August 12, 1973 France * 30 June 1976 A 30 July 1976 Gabon 29 June 1976 29 July 1976 Gambia 28 November 1978 A 28 December 1978 Georgia 20 April 1994 20 May 1994 Ghana 12 December 1973 was 11 January 1974 Greece 15 January 1974 14 February 1974 Grenada 10 August 1978 A 9 September 1978 Guatemala * 19 October 1978 18 November 1978 Guinea 2 May 1984 to 1 June 1984 Guinea Equatorial January 3, 1991 to 2 February 1991 Guinea-Bissau 20 August 1976 at September 19, 1976 Guyana 21 December 1972 has 26 January 1973 Haiti 9 May 1984 8 June 1984 Honduras * 13 April 1987 13 May 1987 Hungary 27 December 1972 26 January 1973 Cook Islands 14 April 2005 14 May 2005 Marshall Islands 31 May 1989 A June 30, 1989 Solomon Islands 6 May 1982 S 7 July 1978 India * 12 November 1982 12 December 1982 Indonesia * 27 August 1976 September 26, 1976 Iran July 10, 1973 has 9 August 1973 Iraq 10 September 1974 A 10 October 1974 Ireland 12 October 1976 A November 11, 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 16 October 1983 Japan 12 June 1974 A 12 July 1974 Jordan February 13, 1973 15 March 1973 Kazakhstan 4 April 1995 4 May 1995 Kenya January 11, 1977 A 10 February 1977 Kyrgyzstan February 25, 2000 March 26, 2000 Kuwait 23 November 1979 A 23 December 1979 Laos March 27, 1989 26 April 1989 Lesotho 27 July 1978 has 26 August 1978 Latvia 13 April 1997 13 May 1997 Lebanon 23 December 1977 22 January 1978 Liberia 1 February 1982 A 3 March 1982 Libya 19 February 1974 21 March 1974 Liechtenstein 23 February 2001 has 25 March 2001 Lithuania 4 December 1996 to January 3, 1997 Luxembourg 18 May 1982 17 June 1982 Macedonia 4 January 1995 S 8 September 1991 Madagascar 18 November 1986 has 18 December 1986 Malaysia 4 may

1985 – 3 June 1985 Malawi * 21 December 1972 26 January 1973 Maldives 1 September 1987 A 1 October 1987 Mali 24 August 1972 was 26 January 1973 Malta 14 June 1991 14 July 1991 Morocco * 24 October 1975 has 23 November 1975 Mauritius 25 April 1983 A 25 May 1983 Mauritania 1 November 1978 has 1 December 1978 Mexico September 12, 1974 12 October 1974 Micronesia 19 March 2003 was April 18, 2003 Moldova 21 May 1997 June 20, 1997 Monaco 3 June 1983 was July 3, 1983, Mongolia * 5 September 1972 26 January 1973 Montenegro 9 January 2007 S 3 June 2006 Mozambique 16 January 2003 has 15 February 2003 Myanmar may 20, 1996 June 19, 1996 Namibia November 4, 2005 A December 4, 2005 Nauru 17 May 1984 at 16 June 1984 Nepal 10 January 1979 was February 9, 1979 Nicaragua 6 November 1973 6 December 1973 Niger 1 September 1972 26 January

1973 Nigeria 3 July 1973 August 2, 1973 Niue September 30, 2009 A 30 October 2009 Norway 1 August 1973 A August 31, 1973 New Zealand 12 February 1974 14 March 1974 Oman * 2 February 1977 A 4 March 1977 Uganda 19 July 1982 A August 18, 1982 Uzbekistan 7 February 1994 9 March 1994 Pakistan January 16, 1974 15 February 1974 Palau 3 August 1995 has 2 September 1995 Panama 24 April 1972 26 January 1973 Papua New Guinea *.

4 December 1975 S 16 September 1975 Paraguay 5 March 1974 4 April 1974 Netherlands * August 27, 1973 26 September 1973 Aruba 11 July 1974 Curaçao 11 July 1974 part Caribbean (Bonaire, Sint Eustatius and Saba) 11 July 1974 Sint Maarten 11 July 1974 Peru * 28 April 1978 has 28 May 1978 Philippines March 26, 1973 April 25, 1973 Poland * January 28, 1975 27 February 1975 Portugal * January 15, 1973 February 14, 1973 Qatar * August 26, 1981 September 25, 1981

Republic Central African 1 July 1991 A 31 July 1991 Dominican Republic November 28, 1973 December 28, 1973 Czech Republic 14 November 1994 S 1 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 December 3, 1987 Saint Lucia 8 November 1983 A December 8, 1983 Saint - Kitts - and - Nevis 10 September 2008 October 10, 2008 Saint - Vincent - and - the Grenadines 29 November 1991 29 December 1991 Samoa

July 9, 1998 has 8 August 1998 Sao Tome - and - Principe 8 May 2006 June 7, 2006 Senegal February 3, 1978 March 5, 1978 Serbia 23 July 2001 27 April 1992 Seychelles 29 December 1978 to January 28, 1979 Sierra Leone 20 September 1979 has 20 October 1979 Singapore April 12, 1978 12 May 1978 Slovakia 6 March 1995 S 1 January 1993 Slovenia 20 August 1992 25 June 1991 Sudan 18 January 1979 A 17 February 1979 Sri Lanka

30 May 1978 was June 29, 1978 Sweden July 10, 1973 9 August 1973 Switzerland 17 January 1978 16 February 1978 Suriname 27 October 1978 S 25 November 1975 Swaziland 27 December 1999 was 26 January 2000 Syria * 10 July 1980 9 August 1980 Tajikistan 29 February 1996 was 30 March 1996 Tanzania 9 August 1983 to September 8, 1983 Chad July 12, 1972 26 January 1973 Thailand 16 May 1978 was 15 June 1978 Togo 9 February

1979 March 11, 1979 Tonga 21 February 1977 A 23 March 1977 Trinidad and Tobago 9 February 1972 26 January 1973 Tunisia * 16 November 1981 A 16 December 1981 Turkmenistan 25 May 1999 24 June 1999 Turkey December 23, 1975 January 22, 1976 Ukraine * 26 February 1973 March 28, 1973 Uruguay 12 January 1977 has 11 February 1977 Vanuatu 6 November 1989 to December 6, 1989 Venezuela * 21 November 1983 21 December 1983 Viet Nam * 17 September 1979 17 October

1979 Yemen 29 September 1986 – 29 October 1986 Zambia 3 March 1987 2 April 1987 Zimbabwe 6 February 1989 has 8 March 1989 * reservations and declarations.

* Objections. Reservations, declarations and objections are not published to the RO. Texts in English can be found at the website of the Organization of international civil aviation (ICAO): www.icao.int/publications/Pages/FR/series-doc.aspx or obtained from the Directorate of public international law (DPIL), Section of international treaties, 3003 Berne.

1978 462 RO; FF 1976 III 1292 RO 1978 461 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 update scope is published on the web site of the FDFA (www.dfae.admin.ch/traites).

State August 8, 2013

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