Key Benefits:
Original text
(State on 7 August 2013)
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:
Criminal offence (hereinafter referred to as "the offence") Any person who, on board an aircraft in flight,
Any Contracting State undertakes to suppress the offence of severe penalties.
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.
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:
(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.
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.
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.
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.
(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.
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.
(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.
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 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 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 .
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)
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 |
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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. |
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).