Hague Convention
1970
Convention for the Suppression of
Unlawful Seizure of Aircraft, Vie Hague, 16th December 19701
preamble
The
States Parties to this Convention
Considering THAT
UNLAWFUL ACTS OF SEIZURE OR EXERCISE OF CONTROL OF AIRCRAFT IN FLIGHT JEOPARDIZE THE SAFETY OF PERSONS AND PROPERTY, SERIOUSLY
AFFECT THE OPERATION OF AIR SERVICES, AND UNDERMINE THE CONFIDENCE OF THE
PEOPLES OF THE WORLD IN THE SAFETY OF CIVIL AVIATION;
considering that the occurrence of
such acts is a matter of grave concern;
considering that, for the purpose of deterring such acts,
there is an urgent need to provide appropriate measures for
punishment of offenders:
HAVE AGREED AS FOLLOWS: 1 For
parties see Appendix A.
Article 1
I ft • «•
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Any
person who on board an aircraft in flight:
(a)
unlawfully, by force or threat
thereof, or by any other form of intimidation,
seizes, or exercises control of, that aircraft, or attempts to perform any such
act, or
seizes, or exercises control of, that aircraft, or attempts to perform any such
act, or
(b)
is an accomplice of a person who
performs or attempts to perform any such
act
act
commits
an offence (hereinafter referred to as 'the offence').
Article 2
Each
Contracting State undertakes to make the offence
punishable by severe penalties.
Article 3
1.
For the purposes of this Convention, 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.
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.
2.
This Convention shall not apply to
aircraft used in military, customs or police
services.
3.
This Convention shall apply only
if the place of take-off or die place of actual
landing of the aircraft on board which the offence is committed is situated outside the
territory of the State of registration of that aircraft; it shall be immaterial whether the
aircraft is engaged in an international or domestic flight.
landing of the aircraft on board which the offence is committed is situated outside the
territory of the State of registration of that aircraft; it shall be immaterial whether the
aircraft is engaged in an international or domestic flight.
4.
In the cases mentioned in Article 5, this Convention
shall not apply if the place of
take-off and the place of actual landing of the aircraft on board which the offence is
committed are situated within the territory of die same State where dial State is one of
diose referred to in that Article.
take-off and the place of actual landing of the aircraft on board which the offence is
committed are situated within the territory of die same State where dial State is one of
diose referred to in that Article.
5.
Notwithstanding paragraphs 3 and 4 of this Article,
Articles 6, 7, 8 and 10 shall apply whatever^ the place of
take-off or the place of actual landing of the aircraft, if the offender
or th,e" alleged offender is found in the territory of a State other than
the State of registration of that aircraft.
Article
4
1. Each
Contracting State shall take such measures as may be necessary to establish
its jurisdiction over the offence and any other act of violence against passengers or crew
committed by the alleged offender in connection with the offence, in the following cases:
its jurisdiction over the offence and any other act of violence against passengers or crew
committed by the alleged offender in connection with the offence, in the following cases:
(a)
when the offence is committed on
board an aircraft registered in that State;
(b)
when the aircraft on board which
the offence is committed lands in its territory
with die alleged offender still on board;
with die alleged offender still on board;
(c)
when the offence is committed on
board an aircraft leased without crew to a
lessee who has his principal place of business or, if the lessee has no such
place of business, his permanent residence, in that State.
lessee who has his principal place of business or, if the lessee has no such
place of business, his permanent residence, in that State.
2.
Each Contracting State
shall likewise take such measures as may be necessary to
establish its jurisdiction over the offence in the case where the alleged offender is present
in its territory and it does not extradite him pursuant to Article 8 to any of the States
mentioned in paragraph 1 of this Article.
establish its jurisdiction over the offence in the case where the alleged offender is present
in its territory and it does not extradite him pursuant to Article 8 to any of the States
mentioned in paragraph 1 of this Article.
3.
This Convention does not exclude
any criminal jurisdiction exercised in accordance
with national law.
with national law.
Article
5
The Contracting States which establish
joint air transport operating organisations 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 diem which shall exercise
the jurisdiction and have the attributes of the State of registration for the puipose of this Convention and
shall give notice thereof to the International
Civil Aviation Organisation which shall communicate the notice to all States Parties
to this Convention.
. Article
6
1.
Upon being satisfied that the
circumstances so warrant, any Contracting State in the
territory of which the offender or the alleged offender is present, shall take him into
custody or take other measures to ensure his 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.
territory of which the offender or the alleged offender is present, shall take him into
custody or take other measures to ensure his 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.
2.
Such State shall immediately make
a preliminary enquiry into the facts.
3.
Any person in custody pursuant to
paragraph 1 of this Article shall be assisted in
communicating immediately with the nearest appropriate representative of the State of
which he is a national.
communicating immediately with the nearest appropriate representative of the State of
which he is a national.
4.
When a State, pursuant to this
Article, has taken a person into custody, it shall
immediately notify the State of registration of the aircraft, die State mentioned in
Article 4, paragraph 1 (c), the State of nationality of the detained person 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 his detention. The State which make the
preliminary enquiry contemplated in paragraph 2 of mis Article shall promptly report its
findings to the said States and shall indicate whether it intends to exercise jurisdiction.
immediately notify the State of registration of the aircraft, die State mentioned in
Article 4, paragraph 1 (c), the State of nationality of the detained person 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 his detention. The State which make the
preliminary enquiry contemplated in paragraph 2 of mis Article shall promptly report its
findings to the said States and shall indicate whether it intends to exercise jurisdiction.
Article
7
The Contracting
§tate 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.
Hie offence shall be deemed to be
included as an extraditable offence in any
extradition treaty existing between Contracting States. Contracting States undertake to
include die offence as an extraditable offence in every extradition treaty to be concluded
between them.
extradition treaty existing between Contracting States. Contracting States undertake to
include die offence as an extraditable offence in every extradition treaty to be concluded
between them.
2.
If a Contracting
State which makes extradition
conditional on die 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 die offence. Extradition shall be subject to the odier conditions
provided by the law of the requested State.
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 die offence. Extradition shall be subject to the odier conditions
provided by the law of the requested State.
3.
Contracting States which do not
make extradition conditional on die existence of a
treaty shall recognise the offence as an extraditable offence between diemselves subject to
die conditions provided by the law of requested State.
treaty shall recognise the offence as an extraditable offence between diemselves subject to
die conditions provided by the law of requested State.
4.
The offence shall be treated, for
die purpose of extradition between Contracting
States, as if it had been committed no only in the place in which it occurred but also in die
territories of die States required to establish their jurisdiction in accordance with Article 4,
paragraph 1.
States, as if it had been committed no only in the place in which it occurred but also in die
territories of die States required to establish their jurisdiction in accordance with Article 4,
paragraph 1.
Article 9
1.
When any of die acts mentioned in Article 1 (a) has
occurred or is about to occur,
Contracting States shall take all appropriate measures to restore control of the aircraft to
its lawful commander or to preserve his control of the aircraft.
Contracting States shall take all appropriate measures to restore control of the aircraft to
its lawful commander or to preserve his control of the aircraft.
2.
In die cases contemplated by the
preceding paragraph, any Contracting State in
which the aircraft or its passengers or crew are present shall facilitate die continuation of
die journey of die passengers and crew as soon as practicable, and shall without delay
return die aircraft and its cargo to die persons' lawfully entitled to possession.
which the aircraft or its passengers or crew are present shall facilitate die continuation of
die journey of die passengers and crew as soon as practicable, and shall without delay
return die aircraft and its cargo to die persons' lawfully entitled to possession.
Article 10
1.
Contracting States shall afford
one anodier the greatest measure of assistance in
connection with criminal proceedings brought in respect of die offence and odier acts
mentioned in Article 4. The law of die State requested shall apply in all cases.
connection with criminal proceedings brought in respect of die offence and odier acts
mentioned in Article 4. The law of die State requested shall apply in all cases.
2.
The provisions of paragraph 1 of this Article shall
not affect obligations under any
odier treaty, bilateral or multilateral, which governs or will govern in whole or in part,
mutual assistance in criminal matters.
odier treaty, bilateral or multilateral, which governs or will govern in whole or in part,
mutual assistance in criminal matters.
Article 11
Each Contracting State shall in accordance with
its national law report to die Council of die International
Civil Aviation Organisation as promptly
as possible any relevant information in its
possession concerning: (a) die
circumstances of the offence:
(b)
the action taken pursuant to Article 9;
(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.
particular, the results of any extradition proceedings or other legal
proceedings.
•
Article 12
•
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 organisation of the
arbitration, any one of those Parties are unable to agree on the organisation of the
arbitration, any one of those Parties may refer the dispute to the International Court of
Justice by request in conformity with die Statute of the Court.
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 organisation of the
arbitration, any one of those Parties are unable to agree on the organisation of the
arbitration, any one of those Parties may refer the dispute to the International Court of
Justice by request in conformity with die 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.
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.
paragraph may at any time withdraw this reservation by notification to the Depositary
Governments.
Article 13
1.
This Convention shall be open
for signature at The Hague on 16th December 1970
by States participating in the International Conference on Air Law held at The Hague
from 1st to 16th 1970 (hereinafter referred to as The Hague Conference). After 31st
December 1970 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.
by States participating in the International Conference on Air Law held at The Hague
from 1st to 16th 1970 (hereinafter referred to as The Hague Conference). After 31st
December 1970 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.
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 Hague Conference.
of instruments of ratification by ten States signatory to this Convention which participated
in The Hague 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.
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.
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 die Charter of die United Nations and
pursuant to Article 83 of the Convention on International Civil Aviation (Chicago, 1944).
Depositary Governments pursuant to Article 102 of die Charter of die United Nations and
pursuant to Article 83 of the Convention on International Civil Aviation (Chicago, 1944).
Afghanistan
Argentina
Barbados
Belgium
Brazil
Bulgaria
Byelorussian S S R
Cambodia
Canada
China, Republic of
Colombia
Costa Rica
Czechoslovakia
Denmark
El Salvador
Ethiopia
Finland
France
Gabon
Germany, Federal Republic of
Ghana
Greece
Guatemala
Hungaiy
Indonesia
Iran
Israel Italy Jamaica Japan
Luxembourg Malaysia Mexico
Netherlands Panama Philippines Poland Portugal Rwanda South Africa
Sweden Switzerland
Thailand
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Trinidad and
Tobago Turkey
Ukranian S S R
, Union of Soviet
Socialist Republics United Kingdom United States of America Venezuela Yugoslavia]
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