Key Benefits:
Original text
(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:
1. Every person who unlawfully and intentionally is guilty of a criminal offence:
1 Bis . 1 Every person who, unlawfully and intentionally, by means of a device, substance or weapon, is guilty of a criminal offence:
If such an act compromises or is likely to endanger the security of the airport.
2. Also a criminal offence for any person who:
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).
For the purposes of this Agreement:
Any Contracting State undertakes to punish severe penalties for the offences listed in Article 1.
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:
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.
1. Any Contracting State shall take the measures necessary to establish its jurisdiction for the purpose of determining infringements in the following cases:
(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)
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.
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.
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.
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.
(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.
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.
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.
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:
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.
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 .
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)
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. |
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** |
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. |
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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).