Convention for the Supression of Unlawful Acts Against the Safety of Civil Aviation

 

Article 7

The Contracting State in the territory of which the alleged offender is
found shall, if it does not extradite him, be obliged, without exception
whatsoever and whether or not the offence was committed in its territory,
to submit the case to its competent authorities for the purpose of
prosecution. Those authorities shall take their decision in the same manner
as in the case of any ordinary offence of a serious nature under the law of
that State.

Article 8

1. The offences shall be deemed to be included as extraditable offences in
any extradition treaty existing between Contracting States. Contracting
States undertake to include the offences as extraditable offences in every
extradition treaty to be concluded between them.

2. If a Contracting State which makes extradition conditional on the
existence of a treaty receives a request for extradition from another
Contracting State with which it has no extradition treaty, it may at its
option consider this Convention as the legal basis for extradition in
respect of the offences. Extradition shall be subject to the other
conditions provided by the law of the requested State.

3. Contracting States which do not make extradition conditional on the
existence of a treaty shall recognize the offences as extraditable offences
between themselves subject to the conditions provided by the law of the
requested State.

4. Each of the offences shall be treated, for the purpose of extradition
between Contracting States, as if it had been committed not only in the
place in which it occurred but also in the territories of the States
required to establish their jurisdiction in accordance with Article 5,
paragraph 1 (b), (c) and (d).

Article 9

The Contracting States which establish joint air transport operating
organizations or international operating agencies, which operate aircraft
which are subject to joint or international registration shall, by
appropriate means, designate for each aircraft the State among them which
shall exercise the jurisdiction and have the attributes of the State of
registration for the purpose of this Convention and shall give notice
thereof to the International Civil Aviation Organization which shall
communicate the notice to all States Parties to this Convention.

Article 10

1. Contracting States shall, in accordance with international and national
law, endeavour to take all practicable measure for the purpose of
preventing the offences mentioned in Article 1.

2. When, due to the commission of one of the offences mentioned in Article
1, a flight has been delayed or interrupted, any Contracting State in whose
territory the aircraft or passengers or crew are present shall facilitate
the continuation of the journey of the passengers and crew as soon as
practicable, and shall without delay return the aircraft and its cargo to
the persons lawfully entitled to possession.

Article 11

1. Contracting States shall afford one another the greatest measure of
assistance in connection with criminal proceedings brought in respect of
the offences. The law of the State requested shall apply in all cases.

2. The provisions of paragraph 1 of this Article shall not affect
obligations under any other treaty, bilateral or multilateral, which
governs or will govern, in whole or in part, mutual assistance in criminal
matters.

Article 12

Any Contracting State having reason to believe that one of the offences
mentioned in Article 1 will be committed shall, in accordance with its
national law, furnish any relevant information in its possession to those
States which it believes would be the States mentioned in Article 5,
paragraph 1.

Article 13

Each Contracting State shall in accordance with its national law report to
the Council of the International Civil Aviation Organization as promptly as
possible any relevant information in its possession concerning:

(a) the circumstances of the offence;
(b) the action taken pursuant to Article 10, paragraph 2;
(c) the measures taken in relation to the offender or the alleged
offender and, in particular, the results of any extradition
proceedings or other legal proceedings.

Article 14

1. Any dispute between two or more Contracting States concerning the
interpretation or application of this Convention which cannot be settled
through negotiation, shall, at the request of one of them, be submitted to
arbitration. If within six months from the date of the request for
arbitration the Parties are unable to agree on the organization of the
arbitration, any one of those Parties may refer the dispute to the
International Court of Justice by request in conformity with the Statute of
the Court.

2. Each State may at the time of signature or ratification of this
Convention or accession thereto, declare that it does not consider itself
bound by the preceding paragraph. The other Contracting States shall not be
bound by the preceding paragraph with respect to any Contracting State
having made such a reservation.

3. Any Contracting State having made a reservation in accordance with the
preceding paragraph may at any time withdraw this reservation by
notification to the Depositary Governments.

Article 15

1. This Convention shall be open for signature at Montreal on 23 September
1971, by States participating in the International Conference on Air Law
held at Montreal from 8 to 23 September 1971 (hereinafter referred to as
the Montreal Conference). After 10 October 1971, the Convention shall be
open to all States for signature in Moscow, London and Washington. Any
State which does not sign this Convention before its entry into force in
accordance with paragraph 3 of this Article may accede to it at any time.

2. This Convention shall be subject to ratification by the signatory
States. Instruments of ratification and instruments of accession shall be
deposited with the Governments of the Union of Soviet Socialist Republics,
the United Kingdom of Great Britain and Northern Ireland, and the United
States of America, which are hereby designated the Depositary Governments.

3. This Convention shall enter into force thirty days following the date of
the deposit of instruments of ratification by ten States signatory to this
Convention which participated in the Montreal Conference.

4. For other States, this Convention shall enter into force on the date of
entry into force of this Convention in accordance with paragraph 3 of this
Article, or thirty days following the date of deposit of their instruments
of ratification or accession, whichever is later.

5. The Depositary Governments shall promptly inform all signatory and
acceding States of the date of each signature, the date of deposit of each
instrument of ratification or accession, the date of entry into force of
this Convention, and other notices.

6. As soon as this Convention comes into force, it shall be registered by
the Depositary Governments pursuant to Article 102 of the Convention on
International Civil Aviation (Chicago, 1944).

Article 16

1. Any Contracting State may denounce this Convention by written
notification to the Depositary Governments.

2. Denunciation shall take effect six months following the date on which
notification is received by the Depositary Governments.

IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly authorized
thereto by their Governments, have signed this Convention.

DONE at Montreal, this twenty-third day of September, one thousand nine
hundred and seventy-one, in three originals, each being drawn up in four
authentic texts in the English, French, Russian and Spanish languages.

Author: international

Mentioned in these Entries

Convention for the Supression of Unlawful Acts Against the Safety of Civil Aviation, International Court of Justice.