Rs 0.748.710.2 Convention Of 16 December 1970 For The Suppression Of Unlawful Seizure Of Aircraft

Original Language Title: RS 0.748.710.2 Convention du 16 décembre 1970 pour la répression de la capture illicite d’aéronefs

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0.748.710.2 original text Convention for the Suppression of the seizure of aircraft signed at the Hague on 16 December 1970 capture approved by the Federal Assembly on 7 June 1971, Instrument of ratification deposited by the Switzerland on 14 September 1971 entry into force for Switzerland on October 14, 1971 (State August 7, 2013) preamble the States parties to this convention whereas unlawful acts capture or exercise of control of aircraft in flight jeopardize the security of people 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 concern them seriously, considering that, in order to prevent these acts, it is urgent to provide measures for the punishment of the perpetrators , have agreed to the following provisions: art. 1 is guilty of a criminal offence (hereinafter referred to as "the offence") any person on board an aircraft in flight, having) unlawfully and by violence or threat of violence seizes the aircraft or the controlling or attempts to commit any of these acts, forgotten the source) is an accomplice of a person who commits or attempts to commit any of these acts.

Art. 2. any Contracting State undertakes to suppress the crime of severe penalties.

Art. 3-1. For the purposes of this convention, an aircraft is considered in flight from the time, boarding being finished, all its doors were closed until the moment where one of these doors is opened for disembarkation. Forced landing, the flight is supposed to continue until the competent authority in charge and the persons and property on board the aircraft.
2. this convention does not apply to aircraft used in military, customs or police.
3. the present convention apply only if the place of take-off or the place of actual landing of the aircraft on board which the offence is committed is located outside the territory of the State of registry of that aircraft, whether it is an aircraft in flight or aircraft in domestic flight.
4. in the cases provided for in art. 5, this convention does not apply if the place of take-off and the place of actual landing of the aircraft on board which the offence is committed are located on the territory of one of the States mentioned in said article.
5. Notwithstanding the provisions of by. 3 and 4 of this article, the art. 6, 7, 8 and 10 are applicable, regardless of the place of take-off or the place of actual landing of the aircraft, if the author or the alleged perpetrator of the offence is found in the territory of one State other than the State of registry of the aircraft said.

Art. 4-1. Any Contracting State takes the necessary measures to establish its jurisdiction for the purpose of knowing of the offence, as well as another act of violence against passengers or crew and committed by the alleged perpetrator of the offence in direct relationship with it, in the following cases: a) if committed on an aircraft registered in that State; b) if the aircraft on board which the offence is committed lands in its territory with the alleged perpetrator of the offence being still on board; c) if the offence is committed on board an aircraft leased without crew to a person who has the Head Office 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 purpose of knowing of the offence where the perpetrator thereof is located on its territory, and where said State does not extradite it pursuant to art. 8 to one of the States concerned to the by 1 of the present article.
3. the present convention does exclude any criminal jurisdiction exercised in accordance with national laws.

Art. 5 Contracting States which are for air transport joint operation organizations or international operating agencies and who operate aircraft subject to joint or international registration shall designate to each aircraft, according to the appropriate procedures, the State which exercises jurisdiction and will have the powers of the State of registry for the purposes of this convention. They inform of this designation, the International Civil Aviation Organization, which will inform all States Parties to this convention.

Art. 6-1. If he considers that the circumstances so warrant, any State on whose territory is the author or the alleged perpetrator of the offence provides 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 for the time required for criminal prosecution or extradition proceedings.
2 the said State shall immediately proceed to a preliminary investigation to establish the facts.
3. any person detained in application of the by. 1 of this article may communicate immediately with the nearest qualified representative of the State of which he is a national; all facilities are granted to him for this purpose 4. When a State has put a person in detention in accordance with the provisions of this section, he shall immediately notify this detention, as well as circumstances which justify, the State of registration of the aircraft, the State mentioned in art. 4, by. 1, al. c, the State of which the detained person has nationality and, if it deems appropriate, all other interested States. The State which makes the preliminary inquiry referred to the by. 2 of this section to quickly communicate findings such States and indicates whether it intends to exercise jurisdiction.

Art. 7. State Contracting on the territory of which the alleged perpetrator of the offence is discovered, if it extradites not the latter, shall submit the case, without exception and that the offence is or not been committed in its territory, to its competent authorities for the exercise of criminal action. These authorities make their decision in the same conditions for all common crime of serious nature in accordance with the laws of this State.

Art. 8-1. The offence is right understood as extradition cases in any extradition treaty concluded between Contracting States.
Contracting States undertake to include the offence as extradition cases in all treaty for extradition to be concluded between them.
2. If a Contracting State which subordinates extradition to 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 latitude to consider this convention as the legal basis for extradition with respect to the offence. Extradition is subject to the other conditions provided by the law of the requested State.
3 Contracting States who subordinate not extradition to the existence of a Treaty recognized the offence as cases for extradition between them in the conditions provided by the law of the requested State.
4 between Contracting States, the offence is considered for the purposes of extradition as having been committed so instead of its Commission on the territory of the States required to establish their jurisdiction under art. 4, by. 1 art. 9-1. When one of the acts set out in art. 1, al. a, is done or about to be accomplished, the Contracting States take all appropriate measures to restore or maintain control of the aircraft to the legitimate Commander.
2. in the cases referred to in the previous paragraph, any Contracting State on whose territory lie the aircraft, passengers or crew facilitates passengers and crew continued their journey as soon as possible. It restores without delay the aircraft and its cargo to those who have the right to detain them.

Art. 10-1. Contracting States agree the broadest possible legal assistance in all criminal proceedings in respect to the offence and the other acts referred to in art. 4. in all cases, the applicable law for the execution of a request for assistance is that of the requested State.
2. However, the provisions of the by. 1 of this article do not affect the obligations arising from the provisions of any other Treaty of character, bilateral or multilateral, that governs or will govern, in whole or in part, the field of mutual legal assistance in criminal matters.

Art. 11 any Contracting State shall as quickly as possible to the Council of the International Civil Aviation Organization, in accordance with the provisions of its national legislation, all useful information in its possession relating: a) to the circumstances of the offence; b) at the measures taken in application of art. 9; c) measures taken with respect to the author or the alleged perpetrator of the offence, including the outcome of any procedure for extradition or other proceedings.

Art. 12


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 can submit 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 where he will sign or ratify this convention or there will adhere, declare that he not consider itself bound by the provisions of the preceding paragraph. The other Contracting States will 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, lift this reservation by notification to the depository Governments.

Art. 13-1. This convention will be opened December 16, 1970 in the Hague at the signing of the States participating in the International Conference on air law held at the Hague from the l to on 16 December 1970 (hereinafter referred to as the "Hague Conference"). After December 31, 1970, it will be open for signature by all States at Washington, London and Moscow. Any State which has not signed the convention until she is in force in accordance with the by. 3 of this article may accede at any time.
2. the present convention is subject to ratification by the signatory States. The instruments of ratification and instruments of accession shall be deposited with 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 designated herein as depository Governments.
3. the present convention will take effect thirty days after the date of the deposit of the instruments of ratification of ten signatory States who participated in the Hague Conference.
4. for other States, this agreement will enter into force on the date of its entry into force in accordance with the by. 3 of this section 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 depository Governments will quickly inform all States that sign the convention or there will adhere to the date of each signature, the date of the deposit of each instrument of ratification or accession, from the date of entry into force of this convention as well as all other communications.
6. upon its entry into force, this convention will be registered by the depository in accordance with the provisions of art Governments. 102 of the Charter of the United Nations and in accordance with the provisions of art. 83 of the Convention on International Civil Aviation (Chicago, 1944).

RS 0.120 SR 0.748.0 art. 14-1. Any Contracting State may denounce this convention by means of a written notification to the depository Governments.
2. the denunciation shall take effect six months after the date on which the notification is received by the depository Governments.
In faith, the Plenipotentiaries undersigned, duly authorized, have signed this convention.
Done at the Hague, the sixteenth day of the month of December in the year one thousand nine hundred and seventy, in three original copies each including four authentic texts written in French, English, Spanish and Russian languages.
(Follow signatures)

Scope on August 7, 2013, States parties Ratification, accession (A) Declaration of estate (S) entry into force Afghanistan 29 August 1979 28 September 1979 South Africa * 30 May 1972 29 June 1972 October 21, 1997 Albania has 20 November 1997 Algeria * 6 October 1995 A 5 November 1995 Germany * 11 October 1974 10 November 1974 Andorra * September 24, 2004 A October 24, 2004 Angola March 12, 1998 February 11, 1998 Antigua - and - Barbuda 22 July 1985 21 August

1985 Saudi Arabia * 14 June 1974 14 July 1974 Argentina * 11 September 1972 11 October 1972 Armenia 10 September 2002 was October 10, 2002 Australia November 9, 1972 December 9, 1972 Austria 11 February 1974 13 March 1974 Azerbaijan 3 March 2000 A April 2, 2000 Bahamas 16 July 1976 S 10 July 1973 Bahrain * February 20, 1984 March 21, 1984 Bangladesh 28 June 1978 was July 28, 1978 Barbados April 2, 1973 2 May 1973 Belarus * 30 December 1971 January 29, 1972 Belgium August 24, 1973 September 23, 1973 Belize 10 June 1998 has 10 July 1998 Benin 13 March 1972 12 April 1972 Bhutan 28 December 1988 January 27, 1989 Bolivia 18 July 1979 has 17 August 1979 Bosnia and Herzegovina 15 August 1994 of March 6, 1992 Botswana 28 December 1978 to 27 January 1979 Brazil * 14 January 1972 13 February 1972 Brunei 16 April 1986 has 16 May 1986 Bulgaria may 19, 1971

October 14, 1971 Burkina Faso 19 October 1987 A 18 November 1987 Cambodia November 8, 1996 8 December 1996 Cameroon 14 April 1988 was May 14, 1988 Canada June 19, 1972 19 July 1972 Cap - Green 20 October 1977 has 19 November 1977 Chile * February 2, 1972 3 March 1972 China * 10 September 1980 10 October 1980 Hong Kong * 3 June 1997 1 July 1997 Macao * October 27, 1999 December 20, 1999 Cyprus June 6, 1972 A July 6, 1972

Colombia July 3, 1973 August 2, 1973 Comoros 1 August 1991 A 31 August 1991 Congo (Brazzaville) November 24, 1989 has 24 December 1989 Congo (Kinshasa) July 6, 1977 to August 5, 1977 (North) Korea * 28 April 1983 may 28, 1983 (South) Korea 18 January 1973 has 17 February 1973 Costa Rica July 9, 1971 14 October 1971 9 January 1973 Ivory Coast has 8 February 1973 Croatia June 12, 1993 8 October 1991 Cuba S * November 27, 2001 December 27, 2001 Denmark * 17 October 1972 November 16, 1972 Djibouti 24 November 1992 A 24 December 1992 Dominique 26 July 2005 has August 25, 2005 Egypt * February 28, 1975 at March 30, 1975 El El Salvador 17 January 1973 February 16, 1973 April 14, 1981 United Arab Emirates has 14 May 1981 Ecuador 14 June 1971 October 14, 1971 Spain 30 October 1972 29 November 1972 Estonia 22 December 1993 has 21 January 1994 United States September 14, 1971 14 October 1971 Ethiopia March 26, 1979 April 25, 1979 Fiji 27 July 1972 August 26, 1972 Finland December 15, 1971 January 14, 1972 France September 18, 1972 October 18, 1972 Gabon 14 July 1971 October 14, 1971 Gambia 28 November 1978 28 December 1978 Georgia 20 April 1994 was May 20, 1994 Ghana 12 December 1973 11 January 1974 Greece 20 September 1973 October 20, 1973 Granada 10 August 1978 A Guatemala September 9, 1978 * May 16, 1979 June 15

Guinea 2 May 1979 1984 1 June 1984 Guinea Equatorial 3 January 1991 2 February 1991 Guinea - Bissau 20 August 1976 has 19 September 1976 Guyana 21 December 1972 20 January 1973 Haiti 9 May 1984 was June 8, 1984 Honduras 13 April 1987 was May 13, 1987 Hungary August 13, 1971 14 October 1971 Cook Islands 14 April 2005 may 14, 2005 Marshall Islands 31 May 1989 has 30 June 1989 India * 12 November 1982 12 December

1982 Indonesia * August 27, 1976 26 September 1976 Iran 25 January 1972 24 February 1972 Iraq January 4, 1972 February 3, 1972 Ireland 24 November 1975 has 24 December 1975 Iceland 29 June 1973 was July 29, 1973 Israel 16 August 1971 October 14, 1971 Italy 19 February 1974 21 March 1974 Jamaica 16 September 1983 16 October 1983 Japan April 19, 1971 14 October 1971 Jordan November 16, 1971 16 December 1971 Kazakhstan 4 April 1995 has 4 may

1995 Kenya 11 January 1977 February 10, 1977 Kyrgyzstan, on February 25, 2000 has 27 March 2000 Kuwait * 25 May 1979 June 24, 1979 27 March 1989 Laos April 26, 1989 Lesotho 27 July 1978 August 26, 1978 Latvia 23 October 1998 has 22 November 1998 Lebanon 10 August 1973 has 9 September 1973 Liberia 1 February 1982 March 3, 1982 Libya * October 4, 1978 was November 3, 1978 Liechtenstein 23 February 2001 March 25, 2001 Lithuania 4 December 1996 January 3, 1997 Luxembourg November 22, 1978 December 21, 1978 Macedonia 7 January 1998 S November 17, 1991 Madagascar 18 November 1986 has 18 December 1986 Malaysia 4 May 1985 3 June 1985 Malawi * 21 December 1972 20 January 1973 Maldives 1 September 1987 was October 1, 1987 Mali August 17, 1971 has 14 October 1971 Malta 14 June 1991 14 July 1991 Morocco * October 24, 1975 in November 23, 1975 Mauritius 25 April 1983 At May 25, 1983 Mauritania 1 November 1978 was December 1, 1978 Mexico July 19, 1972 18 August 1972 Moldova may 21, 1997 June 20, 1997 Monaco 3 June 1983 A July 3, 1983 Mongolia * October 8, 1971 7 November 1971 Montenegro 9 January 2007 S 3 June 2006 Mozambique * January 16, 2003 February 15, 2003 Myanmar 20 May 1996 has 19 June 1996 Namibia November 4, 2005 A December 4, 2005 Nauru 17 May 1984 at 16 June 1984 Nepal 10 January 1979 February 9, 1979 Nicaragua 6 November 1973 has 6 December 1973 Niger 15 October 1971 November 14, 1971 Nigeria 3 July 1973 August 2, 1973 Niue September 30, 2009 was 30 October 2009 Norway 23 August 1971 October 14, 1971 New Zealand *.


February 12, 1974 14 March 1974 Oman * 2 February 1977 March 4, 1977 Uganda 27 March 1972 has 26 April 1972 Uzbekistan 7 February 1994 9 March 1994 Pakistan 29 November 1973 December 29, 1973 Palau 3 August 1995 has 2 September 1995 Panama March 10, 1972 April 9, 1972 Papua New Guinea * December 4, 1975 S 16 September 1975 Paraguay February 4, 1972 5 March 1972 Netherlands * 27 August 1973 26 September 1973 Aruba August 27, 1973 July 11

1974 Curaçao August 27, 1973 July 11, 1974 part Caribbean (Bonaire, Sint Eustatius and Saba) August 27, 1973 11 July 1974 Sint Maarten August 27, 1973 11 July 1974 Peru * 28 April 1978 has 28 May 1978 Philippines March 26, 1973 25 April 1973 Poland * 21 March 1972 20 April 1972 Portugal * November 27, 1972 27 December 1972 Qatar * August 26, 1981 September 25, 1981 Central African Republic 1 July 1991 has 31 July 1991 Dominican Republic 22 June 1978 22 July 1978 Czech Republic 14 November 1994 S 1 January 1993 Romania * July 10, 1972 August 9, 1972 United Kingdom * December 22, 1971 January 21, 1972 Anguilla December 22, 1971 January 21, 1972 British Solomon Islands December 22, 1971 21 January 1972 territories under the territorial sovereignty of the United Kingdom 22 December 1971 21 January 1972 Russia 24 September 1971 24 October 1971 Rwanda 3 November 1987 December 3, 1987 St. - Lucia 8 November 1983 was December 8, 1983 Saint - Kitts - and - Nevis, on September 3, 2008 October 3, 2008 Saint - Vincent and the Grenadines 29 November 1991 29 December 1991 Samoa July 9, 1998 at 8 August 1998 Sao Tome - and - principle 8 May 2006 June 7, 2006 South Africa February 3, 1978 March 5, 1978 Serbia 23 July 2001 of 27 April 1992 Seychelles 29 December 1978 to January 28, 1979 Sierra Leone November 13, 1974 13 December 1974 Singapore April 12, 1978 12 May 1978 Slovakia 13 December 1995 1 January 1993 Slovenia 27 May 1992 S

June 25, 1991 Sudan 18 January 1979 February 17, 1979 Sri Lanka 30 May 1978 was 29 June 1978 Sweden 7 July 1971 14 October 1971 Switzerland 14 September 1971 October 14, 1971 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 March 30, 1996 Chinese Taipei (Taiwan) July 27, 1972 August 26, 1972 Tanzania 9 August 1983 A

September 8, 1983 Chad July 12, 1972 August 11, 1972 Thailand 16 May 1978 June 15, 1978 Togo 9 February 1979 was March 11, 1979 Tonga 21 February 1977 has 23 March 1977 Trinidad and Tobago 31 January 1972 1 March 1972 Tunisia * December 2, 1981 1 January 1982 Turkmenistan 25 May 1999 has 24 June 1999 Turkey 17 April 1973 17 May 1973 Ukraine * February 21, 1972 March 22, 1972 Uruguay 12 January 1977 A Vanuatu 22 February 11, 1977 February 1989 March 24, 1989 Venezuela July 7, 1983 August 6, 1983 Viet Nam * 17 September 1979 17 October 1979 Yemen 29 September 1986 was 29 October 1986 Zambia 3 March 1987 was April 2, 1987 Zimbabwe 6 February 1989 8 March 1989 * reservations and declarations. Reservations and declarations are not published to the RO. The texts in English can be found at the address of the Internet site of the Organization of international civil aviation (ICAO): http://www.icao.int/publications/Pages/FR/series-doc.aspx or obtained in the Direction of public international law (FDFA), the international treaties Section, 3003 Bern.

has the instruments of ratification or accession are deposited with the U.S. Government, the United Kingdom and Russia, either simultaneously or at different times, either with only one or more of the above-mentioned Governments. The dates in this list are those that relate to the first ratification or accession took place.
ER July 1997, Hong Kong became a special administrative Region (SAR) of the People's Republic of China. Under the Bill on 6 June 1997, the conv Chinese. is also applicable to the Hong Kong SAR after July 1, 1997.

July 19, 1999 to Dec. 19. 1999, the conv. was applicable in Macao on the basis of a declaration of territorial extension of the Portugal. From Dec. 20. 1999, Macao became a special administrative Region (SAR) of the People's Republic of China. Under the declaration Chinese Dec. 13. 1999, the conv. is also applicable to the Macao SAR from 20 dec. 1999 RO 1971 1508; FF 1971 I 322 AF of 7 June 1971 (RO 1971 1507) RO 1971 1508, 1973 976, 1978-475, 1979 1533, 1981 1676, 1982 1563, 1984 278, 1985-249, 1987-1161, 1989-865, 1990 1872, 1992 664, 2005 1611, 2007 3761, 2013 2723. A version of the update scope is published on the web site of the FDFA (www.dfae.admin.ch/traites).

State August 7, 2013

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