0.748.710.1 text original Convention to the offences and certain other acts occurring on board aircraft signed at Tokyo on 14 September 1963 signed by the Switzerland on October 31, 1969, approved by the Federal Assembly on October 9, 1970, Instrument of ratification deposited by the Switzerland on 21 December 1970, entered into force for the Switzerland on March 21, 1971 (State August 7, 2013) the States Parties to this Convention have agreed to the provisions following : Title first field of application of the Convention art. 1-1. This Convention shall apply: a) to offences in criminal law; b) in acts which, constituting or not violations may jeopardize or compromise the safety of the aircraft or of persons or property on board, or undermine good order and discipline on board.
2. subject to the provisions of title III, this Convention applies to offences or acts performed by a person on board an aircraft registered in a Contracting State while this aircraft is located, either in flight or on the surface of the high seas or an area not part of the territory of any State.
3. for the purposes of this Convention, an aircraft is considered in flight from the moment where the driving force is used for take-off until the moment where the landing was completed. 4. This Convention does not apply to aircraft used in military, customs or police.
Art. 2. without prejudice to the provisions of Article 4 and subject to the requirements of the safety of the aircraft and persons or property on board, no provision of this Convention may be interpreted as authorizing or requiring the application of any measure, whether in the case of violations of the criminal laws of a political nature or based on racial or religious discrimination.
Title II jurisdiction art. 3-1. The State of registry of the aircraft is responsible for committed offences and acts made on board.
2. any Contracting State takes the necessary measures to establish its jurisdiction, as his State of registration, for the purposes of offences committed on board the aircraft on its register.
3. the present Convention does exclude any criminal jurisdiction exercised in accordance with national laws.
Art. 4 a Contracting State which is not the State of registry may interfere with the operation of an aircraft in flight to its jurisdiction are criminal in respect of an offence committed on board in the following cases: a) this offence has produced effect in the territory of that State; b) this offence is committed by or against a national of that State or a person having his residence permanent; c) this offence compromises the security of the State; d) this offence is a violation of the rules or regulations relating to the flight or the operation of aircraft in force in that State; e) the exercise of this jurisdiction is necessary to ensure the respect of an obligation which is the responsibility of that State under an international agreement multilateral.
Title III powers of the aircraft commander art. 5-1. The provisions of this title apply to offences and acts committed or made, or about to be, by a person on board an aircraft in flight, in the airspace of the State of registration, either over the high seas or an area not part of the territory of any State, if the last point of takeoff or the next point of intended landing is located on the territory of one State other than that of registration , or if the aircraft later flying in the airspace of one State other than the State of registry, said person is still on board.
2. for the purposes of this title, and notwithstanding the provisions of art. 1, by. 3, 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. In the event of a forced landing, the provisions of this title continue to apply with respect to the offences and acts that occurred on board until the competent authority of a State to take charge and the persons and property on board the aircraft.
Art. 6-1. When the aircraft commander has reason to believe that a person has committed or done or is about to commit or to perform on board an offence or an act referred to in art. 1, by. 1, it may take reasonable steps, including measures of constraint, which are necessary for this person,: a) to ensure the safety of the aircraft or of persons or property on board; b) to maintain good order and discipline on board; c) to allow him to return the person to the competent authorities or her land in accordance with the provisions of this title.
2. the aircraft commander may require or allow assistance from other members of the crew and, without being able to demand it, ask or allow passengers to apply coercive measures that it is entitled to take. Any member of crew or passenger may also take all reasonable preventive measures, without this permission, if it has reason to believe that they are needed immediately to ensure the safety of the aircraft or of persons or property on board.
Art. 7-1. Measures of constraint taken against a person under the provisions of art. 6 will cease to be applied beyond landing point unless: has) this point is located on the territory of a State not Contracting and that State authorities refuse to allow the disembarkation of the person concerned or that coercive measures have been imposed to it in accordance with the provisions of art. 6, by. 1, c), to allow his release to the competent authorities; b) the aircraft to make an emergency landing and that the aircraft commander will not be able to return the person concerned to the competent authorities; c) the interested person accepts to be transported beyond this point in remaining subject to measures of constraint.
2. the aircraft commander must, promptly and, if possible, before landing on the territory of a State with on board a person subject to a constraint measure taken in accordance with the provisions of art. 6, inform the authorities of that State of the presence on Board of a person subject to a measure of constraint and the reasons for this measure.
Art. 8-1. When the aircraft commander has reason to believe that a person has done or is about to perform on board an act referred to in art. 1, by. 1, b), supposed that person in the territory of any State where lands the aircraft provided that this measure is necessary for the purposes referred to in art. 6, by. 1, a) or b).
2. the aircraft commander informed the authorities of the State in the territory of which he landed a person, in accordance with the provisions of this article, this landing and the reasons that motivated him.
Art. 9-1. When the aircraft commander has reason to believe that a person has done an act which, according to him, is a serious offence, the criminal laws of the State of registry of the aircraft, the aircraft can deliver such person to the competent authorities of any Contracting State in the territory of which lands the aircraft.
2. the aircraft commander must, promptly and if possible before landing on the territory of a Contracting State with on board a person whom he intends to put the provisions of the preceding paragraph, make this intention known to the authorities of that State as well as the reasons which it is based.
3. the aircraft commander communicates to the authorities to which he handed over the alleged perpetrator of the offence, in accordance with the provisions of this article, items of evidence and information which, in accordance with the law of the State of registration of the aircraft, are legitimately in possession.
Art. 10. where the application of the measures provided for in this agreement is in line with this, nor the aircraft commander, another Member of the crew, a passenger, the owner or operator of the aircraft, or the person for whom the flight was made, cannot be held liable in a procedure initiated due to an injury suffered by the person who is the subject of these measures.
For mutual legal assistance between the Switzerland and the United States of America, see art. 36 of the Federal Act of 3 October. 1975 on the Treaty concluded with the United States of America on mutual legal assistance in criminal matters (RS 351.93).
Title IV unlawful seizure of aircraft article 11-1. When illicitly, and by violence or threat of violence, a person on Board was embarrassed in exercised control or took the operation of an aircraft in flight, or when she is about to accomplish such an Act, 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, a Contracting State where the aircraft lands allows passengers and crew continue their journey as soon as possible. It restores the aircraft and its cargo to those who have the right to detain them.
Title V powers and obligations of States art. 12
Any Contracting State must allow the Commander of an aircraft registered in another Contracting State to disembark any person in accordance with the provisions of art. 8, by. 1 art. 13-1. Any Contracting State is bound to receive a person that the aircraft commander submits in accordance with the provisions of art. 9, by. 1 2. If he considers that the circumstances so warrant, any Contracting State ensures the detention or takes other measures to ensure the presence of any person author assumed an act referred to in art. 11, by. 1, as well as any person who has been given to him. 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.
3. any person detained pursuant to the preceding paragraph, 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. Any Contracting State to which a person is delivered in accordance with the provisions of art. 9, by. 1, or on the territory of which an aircraft lands after an act referred to in art. 11, by. 1, has been accomplished, shall immediately proceed to a preliminary investigation to establish the facts.
5. when a State put a person in detention in accordance with the provisions of this section, notify immediately the detention, as well as circumstances which justify, the State of registration of the aircraft, 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 in this article, by. 4, shall promptly report the findings such States and indicates whether it intends to exercise jurisdiction.
For mutual legal assistance between the Switzerland and the United States of America, see art. 36 of the Federal Act of 3 October. 1975 on the Treaty concluded with the United States of America on mutual legal assistance in criminal matters (RS 351.93).
Art. 14-1. If a person who has been disembarked in accordance with the provisions of art. 8, by. 1, or who has been released in accordance with the provisions of art. 9, by. 1, or who landed after completing an act referred to in art. 11, by. 1, cannot or does not want to continue his journey, the State of landing, if he refuses to admit this person and that it is not the nationality of that State or has no permanent residence, can drive her back to the State of which he is a national or in which she has established his permanent residence, or to the State on whose territory she began his air travel.
2 d-day, rehabilitation, or detention, or other measures referred to in art. 13, by. 2, nor the return of the person concerned are considered as a entry in the territory of a Contracting State, under the laws of this State relating to entry or admission of people. The provisions of this Convention cannot affect the refoulement of persons laws of the Contracting States.
Art. 15-1. Subject to the provisions of the preceding article, any person who has been disembarked in accordance with the provisions of art. 8, by. 1, or who has been released in accordance with the provisions of art. 9, by. 1, or who landed after completing an act referred to in art. 11, by. 1, and wishes to continue his trip can do as soon as possible to the destination of his choice, unless his presence is required according to the law of the State of landing, for the purposes of criminal prosecution and extradition.
2. subject to its laws relating to the entry and admission, extradition and refoulement of persons, any contractor in the territory of which a person has been disembarked in accordance with the provisions of art. 8, by. 1, or remitted in accordance with the provisions of art. 9, by. 1, or who landed and which is charged an act referred to in art. 11, by. 1, gives this person a treatment, regarding its protection and security, is not less favourable than that granted to its nationals in similar cases.
Title VI other provisions art. 16-1. Offences committed on an aircraft registered in a Contracting State shall be considered, for the purposes of extradition, as they had been committed not only on the territory of the State of registry of the aircraft place.
2. in view of the provisions of the preceding paragraph, no provision of this agreement should be interpreted as creating an obligation to grant extradition.
Art. 17. in taking measures of investigation or arrest or exercising any other way their jurisdiction over an offence committed on board an aircraft, the Contracting States should duly take into account the security and other interests of air navigation and must act so as to avoid delaying the aircraft, passengers, crew members or goods without need.
Art. 18. If the Contracting States constitute, for air transport, joint operation organizations or international operating agencies and if the aircraft are not registered in a given State, these States will designate, in appropriate ways, one of them that will be considered, for the purposes of this Convention, as State of registration. They inform of this designation, the International Civil Aviation Organization, which will inform all States parties to this Convention.
Title VII provisions Protocol art. 19. the present convention, the date of its entry into force in accordance with art. 21, is open for signature by any State at that date, who will be member of the Organization of the United Nations or of a specialized agency.
Art. 20-1. This Convention is subject to ratification by the signatory States in accordance with their constitutional provisions.
2. the instruments of ratification shall be deposited with the International Civil Aviation Organization.
Art. 21-1. When the Convention will be convened ratifications of twelve signatory States, it will enter in force between these States the ninetieth day after the deposit of the twelfth instrument of ratification. With respect to each State, which will subsequently ratify, it comes into force on the ninetieth day after the deposit of its instrument of ratification.
2. upon its entry into force, this Convention will be registered with the Secretary-General of the United Nations by the Organization of Civil Aviation International.
Art. 22 1. This Convention will be open to accession by any State member of the United Nations or of a specialized agency after its entry into force.
2. membership will be made by the deposit of an instrument of accession with the Civil Aviation Organization International and will take effect on the ninetieth day following the date of deposit.
Art. 23 1. Any Contracting State may denounce this Convention by a notification to the International Civil Aviation Organization.
2. the denunciation shall take effect six months after the date of receipt of the notification by the Civil Aviation Organization International.
Art. 24 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 International Civil Aviation Organization.
Art. 25 except in the case provided for in art. 24, it will be admitted no reservations to this Convention.
Art. 26 the International Civil Aviation Organization shall notify all Member States of the Organization of the United Nations or of a specialized agency: a) any signature of this Convention and the date of this signature b) the deposit of any instrument of ratification or accession and the date of such deposit; c) the date on which this Convention comes into force in accordance with the provisions of the by. 1 of art. 21; d) the receipt of any notification of denunciation and the date of receipt; summer) the receipt of any declaration or notification made under art. 24 and the date of receipt.
In faith, the Plenipotentiaries undersigned, duly authorized, have signed this Convention.
In Tokyo, the fourteenth day of the month of September of the year one thousand nine hundred sixty-three, in three authentic texts written in French, English and Spanish languages.
This agreement will be filed with the International Civil Aviation Organization where, in accordance with the provisions of art. 19, it will remain open for signature and this organization will send certified copies of this Convention to all States members of the United Nations or of a specialized agency.
Scope on August 7, 2013, States parties Ratification, accession (A) Declaration of estate (S) entry into force Afghanistan 15 April 1977 was July 14, 1977, South Africa * may 26, 1972 has 24 August 1972 Albania 1 December 1997-1 March 1998 Algeria * October 12, 1995 is January 10, 1996 Germany 16 December 1969 16 March 1970 Andorra * May 17, 2006 to August 15, 2006 Angola 24 February 1998-25 May 1998 Antigua and Barbuda 19 July 1985
17 October 1985 Saudi Arabia 21 November 1969 19 February 1970 Argentina 23 July 1971 21 October 1971 Armenia 23 June 2003 has April 23, 2003 Australia 22 June 1970 has 20 September 1970 Austria 7 February 1974 8 May 1974 Azerbaijan * 5 February 2004 has 5 May 2004 Bahamas 15 May 1975 10 July 1973 Bahrain S * 9 February 1984 9 May 1984 Bangladesh 25 July 1978 was October 23, 1978 Barbados 4 April 1972 3 July 1972 Belarus * February 3, 1988 may 3, 1988 Belgium August 6, 1970 4 November 1970 Belize May 19, 1998 August 17, 1998 Benin 30 March 2004 has 28 June 2004 Bhutan 25 January 1989 A 25 April 1989 Bolivia 5 July 1979 3 October 1979 Bosnia and Herzegovina March 7, 1995 S March 6, 1992 Botswana 16 January 1979 16 April 1979 Brazil 14 January 1970 14 April 1970 Brunei May 23, 1986 to 21 August 1986 Bulgaria * 28 September 1989 27 December 1989 Burkina Faso 6 June 1969 4 December 1969 Burundi 14 July 1971 12 October 1971 Cambodia October 22, 1996 has 20 January 1997 Cameroon 24 March 1988 June 22, 1988 Canada November 7, 1969 to February 5, 1970 Cape Town - Green October 4, 1989 was January 2, 1990 Chile 24 January 1974 has 24 April 1974 China 14 November 1978 12 February 1979 Hong Kong * 5 June 1997 July 1, 1997
Macau * December 6, 1999 December 20, 1999 Cyprus 31 May 1972 A August 29, 1972 Colombia July 6, 1973 4 October 1973 Comoros 23 May 1991 A August 21, 1991 Congo (Brazzaville) 13 November 1978 11 February 1979 Congo (Kinshasa) 20 July 1977 A October 18, 1977 (North) Korea * 9 May 1983 7 August 1983 (South) Korea February 19, 1971 20 May 1971 Costa Rica 24 October 1972 22 January 1973 Ivory Coast June 3, 1970 has 1 September 1970 Croatia 5 October 1993 8 October 1991 Cuba S * February 12, 2001 has 13 May 2001 Denmark 17 January 1967 4 December 1969 Djibouti 10 June 1992 has 8 September 1992 Egypt * 12 February 1975 13 May 1975 El El Salvador February 13, 1980 has 13 May 1980 UAE United * 16 April 1981 15 July 1981 Ecuador 3 December 1969 3 March 1970 Spain 1 October 1969 30 December 1969 Estonia 31 December 1993 has 31 March 1994 United States September 5, 1969 4 December 1969 Ethiopia * March 27, 1979 June 25, 1979 Fiji 18 January 1972 S October 10, 1970 Finland April 2, 1971 1 July 1971 France 11 September 1970 10 December 1970 Gabon 14 January 1970 14 April 1970 Gambia 4 January 1979 has 4 April 1979 Georgia 16 June 1994 was September 14, 1994 Ghana 2 January 1974 2 April 1974 Greece 31 May 1971 29 August 1971 Granada 28 August 1978 has 26 November 1978 Guatemala * 17 November 1970 15 February 1971 Guinea 18 January 1994 was 18 April 1994 Guinea - Bissau 17 October 2008 was 15 January 2009 Equatorial Guinea 27 February 1991 28 May 1991 Guyana 20 December 1972 has 19 March 1973 Haiti 26 April 1984 25 July 1984 Honduras * 8 April 1987 7 July 1987 Hungary 3 December 1970 was March 3, 1971 12 April 2005 Cook Islands has 11 July 2005 Islands Marshall 15 May 1989 A 13 August 1989 India * 22 July 1975 A October 20, 1975 Indonesia * 7 September 1976 6 December 1976 Iran June 28, 1976 was September 29, 1976 Iraq may 15, 1974 A 13 August 1974 Ireland 14 November 1975 12 February 1976 Iceland 16 March 1970 14 June 1970 Israel 19 September 1969 18 December 1969 Italy 18 October 1968 4 December 1969 Jamaica 16 September 1983 has 15 December 1983 Japan may 26, 1970
August 24, 1970 Jordan 3 May 1973 1 August 1973 Kazakhstan 18 May 1995 has 16 August 1995 Kenya 22 June 1970 20 September 1970 Kyrgyzstan 28 February 2000 has 28 May 2000 Kuwait * November 27, 1979 February 25, 1980 Laos 23 October 1972 A 21 January 1973 Lesotho 28 April 1972 27 July 1972 Latvia June 10, 1997 September 8, 1997 Lebanon 11 June 1974 was September 9, 1974 Liberia 10 March 2003 8 June 2003 Libya 21 June 1972 19 September 1972 Liechtenstein February 26, 2001 was May 27, 2001 Lithuania 21 November 1996 has 19 February 1997 Luxembourg 21 September 1972 20 December 1972 Macedonia 30 August 1994 S September 17, 1991 Madagascar 2 December 1969 2 March 1970 Malaysia 5 March 1985 was June 3, 1985 Malawi * 28 December 1972 28 March 1973 Maldives 28 September 1987 has 27 December 1987 Mali 31 May 1971 has 29 August
1971 Malta 28 June 1991 has 26 September 1991 Morocco * October 21, 1975 in January 19, 1976 in Mauritius 5 April 1983 4 July 1983 Mauritania 30 June 1977 has 28 September 1977 Mexico 18 March 1969 4 December 1969 Moldova 20 June 1997 to 18 September 1997 Monaco 2 June 1983 31 August 1983 Mongolia 24 July 1990 has 22 October 1990 Montenegro December 20, 2007 S 3 June 2006 Mozambique * January 6, 2003 April 6, 2003
Myanmar May 23, 1996 21 August 1996 Namibia 19 December 2005 has 19 March 2006 Nauru 17 May 1984 15 August 1984 Nepal 15 January 1979 has 15 April 1979 Nicaragua 24 August 1973 22 November 1973 Niger 27 June 1969 4 December 1969 Nigeria 7 April 1970 6 July 1970 Niue 23 June 2009 has 21 September 2009 Norway 17 January 1967 4 December 1969 New Zealand * 12 February 1974 13 May 1974 Oman * 9 February
1977 may 10, 1977 Uganda 25 June 1982 23 September 1982 Uzbekistan 31 July 1995 was 29 October 1995 Pakistan September 11, 1973 10 December 1973 Palau 12 October 1995 is January 10, 1996 Panama 16 November 1970 14 February 1971 Papua New Guinea * November 6, 1975 16 September 1975 Paraguay 9 August 1971 was November 7, 1971 Netherlands * November 14, 1969 12 February 1970 Aruba 4 June 1974 2 September 1974 Curaçao June 4, 1974 September 2, 1974
Part Caribbean (Bonaire, Sint Eustatius and Saba) June 4, 1974 2 September 1974 Sint Maarten 4 June 1974 2 September 1974 Peru * may 12, 1978 has 10 August 1978 Philippines 26 November 1965 4 December 1969 Poland 19 March 1971 17 June 1971 Portugal 25 November 1964 4 December 1969 Qatar 6 August 1981 A December 5, 1981 Central African Republic 11 June 1991 has 9 September 1991 Dominican Republic 3 December 1970 has 3 March 1971 Czech Republic 25 March 1993 S January 1, 1993 Romania * February 15, 1974 may 16, 1974 United Kingdom * November 29, 1968 4 December 1969 Anguilla December 1, 1982 1 December 1982 Russia * 3 February 1988 3 May 1988 Rwanda 17 May 1971 has 15 August 1971 Sainte - Lucie 31 October 1983 29 January 1984 Saint - Vincent - and - the Grenadines 18 November 1991 16 February 1992 Salomon Islands 23 March 1982 7 July 1978 Samoa July 9, 1998 S 7 October 1998 Sao Tome - and - principle 4 May 2006 August 2, 2006 Senegal March 9, 1972 June 7, 1972 Serbia 6 September 2001 of 27 April 1992 Seychelles January 4, 1979 to April 4, 1979 Sierra Leone 9 November 1970 has 7 February 1971 Singapore 1 March 1971 30 May 1971 Slovakia 20 March 1995 S 1 January 1993 Slovenia 18 December 1992 25 June S
1991 Sudan may 25, 2000 August 23, 2000 Sri Lanka 30 May 1978 was August 28, 1978 Sweden 17 January 1967 4 December 1969 Switzerland 21 December 1970 21 March 1971 Suriname 10 September 1979 25 November 1975 Swaziland November 15, 1999 was 13 February 2000 Syria * 31 July 1980 29 October 1980 Tajikistan 20 March 1996 has 18 June 1996 Tanzania 12 August 1983 has 10 November 1983 Chad 30 June 1970 28 September 1970
Thailand March 6, 1972 has 4 June 1972 Togo 26 July 1971 24 October 1971 Tonga 13 February 2002 has 14 May 2002 Trinidad and Tobago 9 February 1972 has 9 May 1972 Tunisia * 25 February 1975 26 May 1975 Turkmenistan 30 June 1999 has 28 September 1999 Turkey 17 December 1975 has 16 March 1976 Ukraine * 29 February 1988 29 May 1988 Uruguay 26 January 1977 has 26 April 1977 Vanuatu 31 January 1989 was may 1, 1989
Venezuela * 4 February 1983 5 May 1983 Viet Nam * 10 October 1979 8 January 1980 Yemen 26 September 1986 has 25 December 1986 Zambia 14 September 1971 has 13 December 1971 Zimbabwe 8 March 1989 6 June 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): 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.
Starting from July 1, 1997, Hong Kong became a special administrative Region (SAR) of the People's Republic of China. Under the Chinese declaration of 5 June 1997, the Convention is also applicable to the RAS Hong Kong from July 1, 1997.
July 7, 1999 to Dec. 19. 1999, the Convention 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. 6. 1999, the Convention is also applicable to the Macao SAR from 20 dec. 1999 RO 1971 316; FF 1970 I 33 RO 1971 315 RO 1976 500 1888, 1978 308, 1979 1532, 1981 1640, 1983-249, 1986-907, 1987 1160, 1989 864, 1990-1569, 1991 2314, 2005 1609 5001, 2009 79 and 2013 2721. A version of the update scope is published on the web site of the FDFA (www.dfae.admin.ch/traites).
State August 7, 2013