Convention on the Suppression of Unlawful Acts relating to International Civil Aviation
[Treedt in werking per 01-07-2018]
The States Parties to this Convention,
Deeply concerned that unlawful acts against civil aviation jeopardize the safety and
security of persons and property, seriously affect the operation of air services,
airports and air navigation, and undermine the confidence of the peoples of the world
in the safe and orderly conduct of civil aviation for all States;
Recognizing that new types of threats against civil aviation require new concerted
efforts and policies of cooperation on the part of States; and
Being convinced that in order to better address these threats, there is an urgent
need to strengthen the legal framework for international cooperation in preventing
and suppressing unlawful acts against civil aviation;
Article 1
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2 Any person commits an offence if that person unlawfully and intentionally, using any
device, substance or weapon:
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a) performs an act of violence against a person at an airport serving international civil
aviation which causes or is likely to cause serious injury or death; or
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b) destroys or seriously damages the facilities of an airport serving international civil
aviation or aircraft not in service located thereon or disrupts the services of the
airport,
if such an act endangers or is likely to endanger safety at that airport.
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5 Each State Party shall also establish as offences, when committed intentionally, whether
or not any of the offences set forth in paragraph 1, 2 or 3 of this Article is actually
committed or attempted, either or both of the following:
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a) agreeing with one or more other persons to commit an offence set forth in paragraph
1, 2 or 3 of this Article and, where required by national law, involving an act undertaken
by one of the participants in furtherance of the agreement; or
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b) contributing in any other way to the commission of one or more offences set forth
in paragraph 1, 2 or 3 of this Article by a group of persons acting with a common
purpose, and such contribution shall either:
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(i) be made with the aim of furthering the general criminal activity or purpose of the
group, where such activity or purpose involves the commission of an offence set forth
in paragraph 1, 2 or 3 of this Article; or
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(ii) be made in the knowledge of the intention of the group to commit an offence set forth
in paragraph 1, 2 or 3 of this Article.
Article 2
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For the purposes of this Convention:
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a) an aircraft is considered to be in flight at any time from the moment when all its
external doors are closed following embarkation until the moment when any such door
is opened for disembarkation; in the case of a forced landing, the flight shall be
deemed to continue until the competent authorities take over the responsibility for
the aircraft and for persons and property on board;
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b) an aircraft is considered to be in service from the beginning of the preflight preparation
of the aircraft by ground personnel or by the crew for a specific flight until twenty-four
hours after any landing; the period of service shall, in any event, extend for the
entire period during which the aircraft is in flight as defined in paragraph (a) of
this Article;
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c) “Air navigation facilities” include signals, data, information or systems necessary
for the navigation of the aircraft;
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d) “Toxic chemical” means any chemical which through its chemical action on life processes
can cause death, temporary incapacitation or permanent harm to humans or animals.
This includes all such chemicals, regardless of their origin or of their method of
production, and regardless of whether they are produced in facilities, in munitions
or elsewhere;
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e) “Radioactive material” means nuclear material and other radioactive substances which
contain nuclides which undergo spontaneous disintegration (a process accompanied by
emission of one or more types of ionizing radiation, such as alpha-, beta-, neutron
particles and gamma rays) and which may, owing to their radiological or fissile properties,
cause death, serious bodily injury or substantial damage to property or to the environment;
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f) “Nuclear material” means plutonium, except that with isotopic concentration exceeding
80 per cent in plutonium-238; uranium-233; uranium enriched in the isotope 235 or
233; uranium containing the mixture of isotopes as occurring in nature other than
in the form of ore or ore residue; or any material containing one or more of the foregoing;
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g) “Uranium enriched in the isotope 235 or 233” means uranium containing the isotope
235 or 233 or both in an amount such that the abundance ratio of the sum of these
isotopes to the isotope 238 is greater than the ratio of the isotope 235 to the isotope
238 occurring in nature;
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h) “BCN weapon” means:
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a) “biological weapons”, which are:
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(i) microbial or other biological agents, or toxins whatever their origin or method of
production, of types and in quantities that have no justification for prophylactic,
protective or other peaceful purposes; or
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(ii) weapons, equipment or means of delivery designed to use such agents or toxins for
hostile purposes or in armed conflict.
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b) “chemical weapons”, which are, together or separately:
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(i) toxic chemicals and their precursors, except where intended for:
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A) industrial, agricultural, research, medical, pharmaceutical or other peaceful purposes;
or
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B) protective purposes, namely those purposes directly related to protection against
toxic chemicals and to protection against chemical weapons; or
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C) military purposes not connected with the use of chemical weapons and not dependent
on the use of the toxic properties of chemicals as a method of warfare; or
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D) law enforcement including domestic riot control purposes,
as long as the types and quantities are consistent with such purposes;
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(ii) munitions and devices specifically designed to cause death or other harm through the
toxic properties of those toxic chemicals specified in subparagraph (b)(i), which
would be released as a result of the employment of such munitions and devices;
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(iii) any equipment specifically designed for use directly in connection with the employment
of munitions and devices specified in subparagraph (b)(ii).
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c) nuclear weapons and other nuclear explosive devices.
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i) “Precursor” means any chemical reactant which takes part at any stage in the production
by whatever method of a toxic chemical. This includes any key component of a binary
or multicomponent chemical system;
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j) the terms “source material” and “special fissionable material” have the same meaning
as given to those terms in the Statute of the International Atomic Energy Agency, done at New York on 26 October 1956.
Article 3
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Each State Party undertakes to make the offences set forth in Article 1 punishable by severe penalties.
Article 4
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1 Each State Party, in accordance with its national legal principles, may take the necessary
measures to enable a legal entity located in its territory or organized under its
laws to be held liable when a person responsible for management or control of that
legal entity has, in that capacity, committed an offence set forth in Article 1. Such liability may be criminal, civil or administrative.
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3 If a State Party takes the necessary measures to make a legal entity liable in accordance
with paragraph 1 of this Article, it shall endeavour to ensure that the applicable
criminal, civil or administrative sanctions are effective, proportionate and dissuasive.
Such sanctions may include monetary sanctions.
Article 5
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2 In the cases contemplated in subparagraphs (a), (b), (c), (e), (f), (g), (h) and (i) of paragraph 1 of Article
1, this Convention shall apply irrespective of whether the aircraft is engaged in an
international or domestic flight, only if:
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a) the place of take-off or landing, actual or intended, of the aircraft is situated
outside the territory of the State of registry of that aircraft; or
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b) the offence is committed in the territory of a State other than the State of registry
of the aircraft.
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4 With respect to the States Parties mentioned in Article 15 and in the cases set forth in subparagraphs (a), (b), (c), (e), (f), (g), (h) and (i) of paragraph 1 of Article
1, this Convention shall not apply if the places referred to in subparagraph (a) of
paragraph 2 of this Article are situated within the territory of the same State where
that State is one of those referred to in Article 15, unless the offence is committed
or the offender or alleged offender is found in the territory of a State other than
that State.
Article 6
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2 The activities of armed forces during an armed conflict, as those terms are understood
under international humanitarian law, which are governed by that law are not governed
by this Convention, and the activities undertaken by military forces of a State in
the exercise of their official duties, inasmuch as they are governed by other rules
of international law, are not governed by this Convention.
Article 7
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Nothing in this Convention shall affect the rights, obligations and responsibilities
under the Treaty on the Non-Proliferation of Nuclear Weapons, signed at London, Moscow and Washington on 1 July 1968, the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological
(Biological) and Toxin Weapons and on Their Destruction, signed at London, Moscow and Washington on 10 April 1972, or the Convention on the Prohibition of the Development, Production, Stockpiling and Use
of Chemical Weapons and on Their Destruction, signed at Paris on 13 January 1993, of States Parties to such treaties.
Article 8
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3 Each State Party shall likewise take such measures as may be necessary to establish
its jurisdiction over the offences set forth in Article 1, in the case where the alleged offender is present in its territory and it does not
extradite that person pursuant to Article 12 to any of the States Parties that have established their jurisdiction in accordance
with the applicable paragraphs of this Article with regard to those offences.
Article 9
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1 Upon being satisfied that the circumstances so warrant, any State Party in the territory
of which the offender or the alleged offender is present, shall take that person into
custody or take other measures to ensure that person’s presence. The custody and other
measures shall be as provided in the law of that State but may only be continued for
such time as is necessary to enable any criminal or extradition proceedings to be
instituted.
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4 When a State Party, pursuant to this Article, has taken a person into custody, it
shall immediately notify the States Parties which have established jurisdiction under
paragraph 1 of Article 8 and established jurisdiction and notified the Depositary under subparagraph (a) of paragraph 4 of Article 21 and, if it considers it advisable, any other interested States of the fact that such
person is in custody and of the circumstances which warrant that person’s detention.
The State Party which makes the preliminary enquiry contemplated in paragraph 2 of
this Article shall promptly report its findings to the said States Parties and shall
indicate whether it intends to exercise jurisdiction.
Article 10
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The State Party in the territory of which the alleged offender is found shall, if
it does not extradite that person, 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 11
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Any person who is taken into custody, or regarding whom any other measures are taken
or proceedings are being carried out pursuant to this Convention, shall be guaranteed
fair treatment, including enjoyment of all rights and guarantees in conformity with
the law of the State in the territory of which that person is present and applicable
provisions of international law, including international human rights law.
Article 12
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2 If a State Party which makes extradition conditional on the existence of a treaty
receives a request for extradition from another State Party 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 set forth in Article 1. Extradition shall be subject to the other conditions provided by the law of the
requested State.
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4 Each of the offences shall be treated, for the purpose of extradition between States
Parties, as if it had been committed not only in the place in which it occurred but
also in the territories of the States Parties required to establish their jurisdiction
in accordance with subparagraphs (b), (c), (d) and (e) of paragraph 1 of Article 8, and who have established jurisdiction in accordance with paragraph 2 of Article
8.
Article 13
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None of the offences set forth in Article 1 shall be regarded, for the purposes of extradition or mutual legal assistance, as
a political offence or as an offence connected with a political offence or as an offence
inspired by political motives. Accordingly, a request for extradition or for mutual
legal assistance based on such an offence may not be refused on the sole ground that
it concerns a political offence or an offence connected with a political offence or
an offence inspired by political motives.
Article 14
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Nothing in this Convention shall be interpreted as imposing an obligation to extradite
or to afford mutual legal assistance if the requested State Party has substantial
grounds for believing that the request for extradition for offences set forth in Article 1 or for mutual legal assistance with respect to such offences has been made for the
purpose of prosecuting or punishing a person on account of that person’s race, religion,
nationality, ethnic origin, political opinion or gender, or that compliance with the
request would cause prejudice to that person’s position for any of these reasons.
Article 15
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The States Parties 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 registry for the purpose of this Convention and shall give notice
thereof to the Secretary General of the International Civil Aviation Organization
who shall communicate the notice to all States Parties to this Convention.
Article 16
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2 When, due to the commission of one of the offences set forth in Article 1, a flight has been delayed or interrupted, any State Party 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 17
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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 18
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Any State Party having reason to believe that one of the offences set forth in Article 1 will be committed shall, in accordance with its national law, furnish any relevant
information in its possession to those States Parties which it believes would be the
States set forth in paragraphs 1 and 2 of Article 8.
Article 19
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Each State Party 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:
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a) the circumstances of the offence;
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b) the action taken pursuant to paragraph 2 of Article 16;
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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 20
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1 Any dispute between two or more States Parties 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.
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2 Each State may at the time of signature, ratification, acceptance or approval of this
Convention or accession thereto, declare that it does not consider itself bound by
the preceding paragraph. The other States Parties shall not be bound by the preceding
paragraph with respect to any State Party having made such a reservation.
Article 21
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1 This Convention shall be open for signature in Beijing on 10 September 2010 by States
participating in the Diplomatic Conference on Aviation Security held at Beijing from
30 August to 10 September 2010. After 27 September 2010, this Convention shall be
open to all States for signature at the Headquarters of the International Civil Aviation
Organization in Montréal until it enters into force in accordance with Article 22.
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2 This Convention is subject to ratification, acceptance or approval. The instruments
of ratification, acceptance or approval shall be deposited with the Secretary General
of the International Civil Aviation Organization, who is hereby designated as the
Depositary.
Article 22
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2 For each State ratifying, accepting, approving or acceding to this Convention after
the deposit of the twenty-second instrument of ratification, acceptance, approval
or accession, this Convention shall enter into force on the first day of the second
month following the date of the deposit by such State of its instrument of ratification,
acceptance, approval or accession.
Article 23
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Article 24
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As between the States Parties, this Convention shall prevail over the following instruments:
Article 25
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The Depositary shall promptly inform all States Parties to this Convention and all
signatory or acceding States to this Convention of the date of each signature, the
date of deposit of each instrument of ratification, approval, acceptance or accession,
the date of coming into force of this Convention, and other relevant information.