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RS 0.748.710.2 Convention of 16 December 1970 for the Suppression of Unlawful Seizage 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 Unlawful Seizability of Aircraft

Conclue at The Hague on 16 December 1970
Approved by the Federal Assembly on 7 June 1971 1
Instrument of ratification deposited by Switzerland on 14 September 1971
Entry into force for Switzerland on 14 October 1971

(State on 7 August 2013)

Preamble

The States Parties to this Convention,

Whereas unlawful acts of capturing or exercising control of aircraft in flight 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 the Civil aviation safety,

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

Criminal offence (hereinafter referred to as "the offence") Any person who, on board an aircraft in flight,

(a)
Unlawfully and by violence or threat of violence seizes or exercises control over or attempts to carry out any such act, or
(b)
Is the accomplice of a person who commits or attempts to commit any of these acts.
Art. 2

Any Contracting State undertakes to suppress the offence of severe penalties.

Art. 3

1. For the purposes of this Agreement, an aircraft is considered to be in flight from the time the boarding is completed, all exterior doors have been closed until one of these doors is open for deplaning. In the case of a forced landing, the flight is expected to continue until the competent authority takes over the aircraft as well as the persons and goods on board.

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

3. This Convention shall apply only if the place of departure or the actual place of landing of the aircraft on which the offence is committed is located outside the territory of the State of registration of that aircraft, whether it is an aircraft In international flight or an aircraft in domestic flight.

4. In cases provided for in Art. 5, this Convention shall not apply if the place of take-off and the actual place of landing of the aircraft on which the offence is committed are situated in the territory of only one of the States mentioned in that Article.

5. Notwithstanding the provisions of s. 3 and 4 of this article, s. 6, 7, 8 and 10 shall apply, irrespective of the place of departure or the actual place of landing of the aircraft, if the alleged perpetrator or perpetrator is discovered in the territory of a State other than the State of registration of the aircraft.

Art. 4

1. Any Contracting State shall take the measures necessary to establish its jurisdiction for the purpose of knowing the offence, as well as any other act of violence directed against the passengers or crew and committed by the alleged perpetrator of the offence in Direct relationship with this one, in the following cases:

(a)
It is committed on board an aircraft registered in that State;
(b)
If the aircraft on which the offence is committed lands on its territory with the alleged offender who is still on board;
(c)
If the offence is committed 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 purpose of knowing the offence in the case where the alleged offender is on its territory and the said State does not extradite him in accordance with Art. 8 to one of the States referred to in 1 Er In this article.

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

Art. 5

The Contracting States which constitute for the air transport of joint operating organisations or international operating agencies and which operate 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. 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 s. 1 Er Of this Article may immediately communicate with the nearest qualified representative of the State of which it is a national; all facilities shall be granted for that purpose.

4. Where a State has detained a person in accordance with the provisions of this article, the State shall immediately notify the State of registration of the aircraft, the State referred to in art, and the circumstances which justify it. 4, para. 1 Er C, the State of which the person detained has the nationality and, if it considers it appropriate, all other interested States. The State conducting the preliminary inquiry referred to in para. 2 of this Article shall promptly communicate its conclusions to the said States and indicate whether it intends to exercise its jurisdiction.

Art. 7

The Contracting State in whose territory the alleged perpetrator of the offence 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 competent authorities For the purpose of carrying out criminal proceedings. 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) The offence shall be fully understood as extraditable offences in any extradition treaty between Contracting States.

The Contracting States undertake to understand the offence 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 the offence. 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 recognise the offence as extraditable offences between them under the conditions laid down by the law of the requested State.

4. Between Contracting States, the offence shall be considered for the purpose of extradition as having been committed both at the place of its commission and in the territory of the States required to establish their jurisdiction under Art. 4, para. 1.

Art.

1. Where one of the acts provided for in s. 1 Er The Contracting States shall take all appropriate measures to restore or retain control of the aircraft to the legitimate commander.

2. In the cases referred to in the preceding paragraph, any Contracting State on whose territory the aircraft, passengers or crew are located shall make it easier for passengers and crew to continue their journey as soon as possible. It shall promptly return the aircraft and its cargo to those who have the right to hold the aircraft.

Art. 10

(1) The Contracting States shall afford each other the widest measure of mutual legal assistance in any criminal proceedings relating to the offence and other acts referred to in s. 4. 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 s. 1 Er 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 legal assistance in criminal matters.

Art. 11

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 pursuant to s. 9;
(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. 12

1. Any dispute between 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. 13

This Convention shall be opened on 16 December 1970 in The Hague at the signature of the States participating in the International Conference on Air Law held in The Hague of the Hague Er To 16 December 1970 (hereinafter referred to as "the Hague Conference"). After December 31, 1970, 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 1. 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 which took part in the Hague Conference.

4. For the other States, this Convention shall enter into force on the date of its entry into force in accordance with par. 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.

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.

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


Art. 14

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 The Hague, the sixteenth day of December of the year thousand nine hundred and seventy, in three original copies, each consisting of four authentic texts written in the English, French, Spanish and Russian languages.

(Suivent signatures)

Scope of application on 7 August 2013 2

States Parties

Ratification A

Accession (A)

Statement of Succession (S)

Entry into force

Afghanistan

29 August

1979

28 September

1979

South Africa *

30 May

1972

29 June

1972

Albania

21 October

1997 A

20 November

1997

Algeria *

6 October

1995 A

5 November

1995

Germany *

11 October

1974

10 November

1974

Andorra *

24 September

2004 A

24 October

2004

Angola

12 March

1998 A

February 11

1998

Antigua and Barbuda

July 22

1985 A

August 21

1985

Saudi Arabia *

14 June

1974 A

July 14

1974

Argentina *

11 September

1972

11 October

1972

Armenia

10 September

2002 A

10 October

2002

Australia

9 November

1972

9 December

1972

Austria

February 11

1974

13 March

1974

Azerbaijan

3 March

2000 A

2 April

2000

Bahamas

July 16

1976 S

10 July

1973

Bahrain *

20 February

1984 A

21 March

1984

Bangladesh

28 June

1978 A

28 July

1978

Barbados

2 April

1973

2 May

1973

Belarus *

December 30

1971

29 January

1972

Belgium

August 24

1973

23 September

1973

Belize

10 June

1998 A

10 July

1998

Benin

13 March

1972

12 April

1972

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 A

27 January

1979

Brazil *

14 January

1972

13 February

1972

Brunei

April 16

1986 A

May 16

1986

Bulgaria

19 May

1971

14 October

1971

Burkina Faso

19 October

1987 A

18 November

1987

Cambodia

8 November

1996

8 December

1996

Cameroon

April 14

1988 A

14 May

1988

Canada

19 June

1972

19 July

1972

Cape Verde

20 October

1977 A

19 November

1977

Chile *

2 February

1972

3 March

1972

China *

10 September

1980 A

10 October

1980

Hong Kong * B

3 June

1997

1 Er July

1997

Macao * C

27 October

1999

20 December

1999

Cyprus

6 June

1972 A

July 6

1972

Colombia

3 July

1973

2 August

1973

Comoros

1 Er August

1991 A

August 31

1991

Congo (Brazzaville)

24 November

1989 A

24 December

1989

Congo, Kinshasa

July 6

1977 A

August 5

1977

Korea (North) *

28 April

1983 A

28 May

1983

Korea (South)

January 18

1973 A

17 February

1973

Costa Rica

July 9

1971

14 October

1971

Côte d' Ivoire

9 January

1973 A

February 8

1973

Croatia

12 June

1993 S

8 October

1991

Cuba *

27 November

2001 A

27 December

2001

Denmark *

17 October

1972

16 November

1972

Djibouti

24 November

1992 A

24 December

1992

Dominica

26 July

2005 A

August 25

2005

Egypt *

28 February

1975 A

30 March

1975

El Salvador

17 January

1973

February 16

1973

United Arab Emirates

April 14

1981 A

14 May

1981

Ecuador

14 June

1971

14 October

1971

Spain

30 October

1972

29 November

1972

Estonia

22 December

1993 A

21 January

1994

United States

September 14

1971

14 October

1971

Ethiopia

26 March

1979

April 25

1979

Fiji

27 July

1972

26 August

1972

Finland

15 December

1971

14 January

1972

France

18 September

1972

18 October

1972

Gabon

July 14

1971

14 October

1971

Gambia

28 November

1978

28 December

1978

Georgia

20 April

1994 A

20 May

1994

Ghana

12 December

1973

11 January

1974

Greece

September 20

1973

20 October

1973

Grenada

10 August

1978 A

9 September

1978

Guatemala *

May 16

1979

15 June

1979

Guinea

2 May

1984 A

1 Er June

1984

Equatorial Guinea

3 January

1991

2 February

1991

Guinea-Bissau

August 20

1976 A

19 September

1976

Guyana

21 December

1972 A

20 January

1973

Haiti

9 May

1984 A

8 June

1984

Honduras

13 April

1987 A

13 May

1987

Hungary

13 August

1971

14 October

1971

Cook Islands

April 14

2005 A

14 May

2005

Marshall Islands

May 31

1989 A

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

4 January

1972

3 February

1972

Ireland

24 November

1975 A

24 December

1975

Iceland

29 June

1973 A

July 29

1973

Israel

August 16

1971

14 October

1971

Italy

19 February

1974

21 March

1974

Jamaica

16 September

1983

October 16

1983

Japan

19 April

1971

14 October

1971

Jordan

16 November

1971

16 December

1971

Kazakhstan

April 4

1995 A

4 May

1995

Kenya

11 January

1977 A

10 February

1977

Kyrgyzstan

25 February

2000 A

March 27

2000

Kuwait *

25 May

1979

24 June

1979

Laos

March 27

1989

April 26

1989

Lesotho

27 July

1978 A

26 August

1978

Latvia

23 October

1998 A

22 November

1998

Lebanon

10 August

1973 A

9 September

1973

Liberia

1 Er February

1982 A

3 March

1982

Libya *

4 October

1978 A

3 November

1978

Liechtenstein

23 February

2001

25 March

2001

Lithuania

4 December

1996 A

3 January

1997

Luxembourg

22 November

1978

21 December

1978

Macedonia

7 January

1998 S

17 November

1991

Madagascar

18 November

1986 A

18 December

1986

Malaysia

4 May

1985

3 June

1985

Malawi *

21 December

1972 A

20 January

1973

Maldives

1 Er September

1987 A

1 Er October

1987

Mali

August 17

1971 A

14 October

1971

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

19 July

1972

August 18

1972

Moldova

21 May

1997 A

20 June

1997

Monaco

3 June

1983 A

3 July

1983

Mongolia *

8 October

1971

7 November

1971

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 A

6 December

1973

Niger

15 October

1971

14 November

1971

Nigeria

3 July

1973 A

2 August

1973

Niue

September 30

2009 A

30 October

2009

Norway

August 23

1971

14 October

1971

New Zealand *

12 February

1974

March 14

1974

Oman *

2 February

1977 A

March 4

1977

Uganda

March 27

1972 A

April 26

1972

Uzbekistan

7 February

1994 A

March 9

1994

Pakistan

29 November

1973

29 December

1973

Palau

August 3

1995 A

2 September

1995

Panama

10 March

1972

April 9

1972

Papua New Guinea *

4 December

1975 S

16 September

1975

Paraguay

4 February

1972

March 5

1972

Netherlands *

August 27

1973

26 September

1973

Aruba

August 27

1973

July 11

1974

Curaçao

August 27

1973

July 11

1974

Caribbean (Bonaire, Sint Eustatius and Saba)

August 27

1973

July 11

1974

Sint Maarten

August 27

1973

July 11

1974

Peru *

28 April

1978 A

28 May

1978

Philippines

26 March

1973

April 25

1973

Poland *

21 March

1972

20 April

1972

Portugal *

27 November

1972

27 December

1972

Qatar *

26 August

1981

September 25

1981

Central African Republic

1 Er July

1991 A

July 31

1991

Dominican Republic

22 June

1978

July 22

1978

Czech Republic

14 November

1994 S

1 Er January

1993

Romania *

10 July

1972

August 9

1972

United Kingdom *

22 December

1971

21 January

1972

Anguilla

22 December

1971

21 January

1972

British Solomon Islands

22 December

1971

21 January

1972

Territories under the territorial sovereignty of the United Kingdom

22 December

1971

21 January

1972

Russia C

24 September

1971

24 October

1971

Rwanda

3 November

1987

3 December

1987

Saint Lucia

8 November

1983 A

8 December

1983

Saint Kitts and Nevis

3 September

2008 A

3 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 S

April 27

1992

Seychelles

29 December

1978 A

28 January

1979

Sierra Leone

13 November

1974

13 December

1974

Singapore

12 April

1978

12 May

1978

Slovakia

13 December

1995

1 Er January

1993

Slovenia

27 May

1992 S

25 June

1991

Sudan

January 18

1979 A

17 February

1979

Sri Lanka

30 May

1978 A

29 June

1978

Sweden

7 July

1971

14 October

1971

Switzerland

September 14

1971

14 October

1971

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

Chinese Taipei (Taiwan)

27 July

1972

26 August

1972

Tanzania

August 9

1983 A

8 September

1983

Chad

July 12

1972

August 11

1972

Thailand

May 16

1978

15 June

1978

Togo

February 9

1979 A

March 11

1979

Tonga

21 February

1977 A

23 March

1977

Trinidad and Tobago

31 January

1972

1 Er March

1972

Tunisia *

2 December

1981 A

1 Er January

1982

Turkmenistan

25 May

1999 A

24 June

1999

Turkey

April 17

1973

17 May

1973

Ukraine *

21 February

1972

22 March

1972

Uruguay

12 January

1977 A

February 11

1977

Vanuatu

22 February

1989 A

24 March

1989

Venezuela

7 July

1983

August 6

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.
Reservations and declarations are not published in the RO. English texts can be found at the website of the International Civil Aviation Organization (ICAO): http://www.icao.int/publications/Pages/FR/series-doc.aspx or obtained in the Directorate of Public International Law (DDIP), International Treaty Section, 3003 Berne.
A
Instruments of ratification or accession shall be deposited with the Governments of the United States, the United Kingdom and Russia, either simultaneously or on different dates, either with one or more of the aforementioned Governments. The dates in this list are those relating to the first ratification or accession.
B
From 21 January 1972 to 30 June 1997, the conv. Was applicable in Hong Kong on the basis of a territorial extension of the United Kingdom. From 1 July 1997, Hong Kong became a Special Administrative Region (SAR) of the People's Republic of China. By virtue of the Chinese declaration of 6 June 1997, the conv. Is also applicable to the Hong Kong SAR from 1 Er July 1997.

C From 19 July 1999 to 19 Dec. 1999, the conv. Was applicable to Macao on the basis of a declaration of territorial extension of Portugal. From Dec 20. 1999, Macao became a Special Administrative Region (SAR) of the People's Republic of China. By virtue of the Chinese declaration of Dec. 1999, the conv. Is also applicable to the Macao SAR from 20 Dec. 1999.


RO 1971 1508; FF 1971 I 322


1 AF of 7 June 1971 (RO 1971 1507)
2 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 updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).


Status on August 7, 2013