Montreal Convention 1971 (Page-1)

Montreal Convention 1971

Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation

Signed at Montreal on 23rd September 1971

Note. The Convention is printed as supplemented by the Montreal Protocol 1988; see further, post.

the states parties to this convention

CONSIDERING that unlawful acts against the safety of civil aviation jeopardise the safety of persons and property, seriously affect die operation of air services, and undermine die confidence of die peoples of die world in the safety of civil aviation;

CONSIDERING that die 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

A ti I   1

1.       Any person commits an offense if he unlawfully and intentionally:

(a)         performs an act of violence against a person on board an aircraft in flight if
that act is likely to endanger die safety of dial aircraft; or

(b)                    destroys an aircraft in service or causes damage to such an aircraft which
renders it incapable of flight or which is likely to endanger its safety in flight;
or

(r) places or causes to be placed on an aircraft in service, by any means whatsoever, a device or substance which is likely to destroy (hat aircraft, or to cause damage to it which renders it incapable of flight, or to cause damage to it which is likely to endanger its safety in flight: or

(d)                     destroys or damages air navigation facilities or interferes with their operation,
if any such act is likely to endanger die safety of aircraft in flight; or

communicates information which he knows to be false, thereby endangering
die safety of an aircraft in flight.

[1 bis. Any person commits an offense if he unlawfully and intentionally, using any device, substance or weapon:

(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

(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 the airport.]¹

2.       Any person also commits an offense if he:

(a)                    attempts  to  commit any  of die offenses mentioned in  paragraph   1   [or
paragraph 1 bis] of this Article: or

(b)                    is an accomplice of a person who commits or attempts to commit any such
offense.

. As added by the Montreal Protocol 1988, art II.

Article 2

For the purposes of this Convention:

(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 die case of a forced landing,
die flight shall be deemed to continue until die competent authorities take over
die responsibility for the aircraft and for persons and property on board;

(b)                    an aircraft is considered to be in service from die beginning of the pre-flight
preparation of the ground personnel or by the crew for a specific flight until
twenty-four hours after any landing; die period of service shall, in any event,
extend for the entire period during which die aircraft is in flight as defined in
paragraph (a) of this Article.

' Article 3

Each Contracting State undertakes to make die offenses mentioned in Article 1 punishable by severe penalties.

Article 4

1.                         This Convention shall not apply to aircraft used in military, customs or police
services.

2.            In the cases contemplated in sub paragraphs (a), (b), (c) and (e) 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:

(a)         die place of take-off or landing, actual or intended, of die aircraft is situated
outside die territory of the State of registration of dial aircraft; or

(b)         die offense is committed in the territory of a State other than die State of
registration of the aircraft.

3.            Notwithstanding paragraph 2 of this Article, in the cases contemplated in subpara­
graphs (a), (b), (c) and (e) of paragraph 1 of Article 1, this Convention shall also apply if
die offender or die alleged offender is found in die territory of a State other than die State
of registration of die aircraft.

4.            With respect to die states mentioned in Article 9 and in the cases mentioned in
  sub paragraphs(a), (b), (c) and (

 

apply if die places referred to in sub paragraph (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 9. unless the offense is committed or die offender or alleged offender is found in the territory of a State other than that State.

5.            In the cases contemplated in sub paragraph (d) of paragraph 1 of Article 1, this
Convention shall apply only if the air navigation facilities are used in international air
navigation.

6.            The provisions of paragraphs 2, 3, 4 and 5 of this Article shall also apply in the
cases contemplated in paragraph 2 of Article 1.

o

Article 5

1.        Each Contracting State shall take such measures as may be necessary to establish
its jurisdiction over the offenses in the following cases:

(a)         when the offense is committed in the territory of that State;

(b)         when the offense is committed against or on board an aircraft registered in
dial State;

(c)          when die aircraft on board which die offense is committed lands in its territory
with the alleged offender still on board;

(d)         when the offense is committed against or on board an aircraft leased without
crew to a lessee who has his principal place of business or. if die 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 offenses mentioned in Article 1, paragraph 1 (a), (b) and
(c), and in Article 1, paragraph 2, in so far as that paragraph relates to those offenses, in
die case where the alleged offender is present in its territory and it does not extradite him
pursuant to Article 8 to any of die States mentioned in paragraph 1 of this Article.

[2 bis.Each Contracting State shall likewise take such measures as may be necessary to establish its jurisdiction over die offenses mentioned in Article 1. paragraph 1 bis, and in Article 1, paragraph 2, in so far as that paragraph relates to those offenses, in die case where the alleged offender is present in its territory and it does not extradite him pursuant to Article 8 to die State mentioned in paragraph l(n) of this Article.]¹

3.        This Convention does not exclude any criminal jurisdiction exercised in accordance
with national law.

¹      As added by the Montreal Protocol 1988, Art III.

Article 6

1.            Upon being satisfied dial die circumstances so warrant, any Contracting State in die
territory of which the offender or die 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 inquiry into die facts.

3.            Any person in custody pursuant to paragraph 1 of this Article shall be assisted in
communicating immediately with die 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 States mentioned in Article 5, paragraph 1, die 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 makes the preliminary inquiry contemplated in paragraph 2 of this Article shall promptly report its findings to the said States and shall indicate whether it intends to exercise jurisdiction.

. 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 offense 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 offense of a serious nature under the law of that State.

Article 8

1.                         The offenses shall be deemed to be included as extraditable offences in any
extradition treaty existing between Contracting States. Contracting States undertake to
include the offenses as extraditable offenses 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 of fences. Extradition shall be subject to the 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 offenses as extraditable offenses between themselves subject to
die conditions provided by the law of the requested State.

4.            Each of the offenses shall be treated, for die purpose of extradition between
Contracting states, as if it had been committed not only in die place in which it occurred
but also in the territories of die 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 die jurisdiction and have die attributes of the State of registration for the purpose of diis Convention and shall give notice thereof to die International Civil Aviation Organization which shall communicate the notice to all States Parties to diis Convention.

Article 10

1.                         Contracting States shall, in accordance with international and national law, endeavor
our to take all practicable measures for die purpose of preventing die offenses mentioned
in Article 1.

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