Article 10
For actions taken in
accordance with this Convention, neither the aircraft commander, any other member of the
crew, any passenger, the owner or operator of the aircraft, nor the person on whose behalf the flight was performed
shall be held responsible in any proceeding
on account of the treatment undergone by the person against whom the actions were taken.
chapter IV
unlawful seizure of aircraft
Article 11
(1)
When a person on board has unlawfully
committed by force or threat thereof an act
of interference, seizure, or other wrongful exercise of control of an aircraft in flight or
when such an act is about to be committed. 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.
of interference, seizure, or other wrongful exercise of control of an aircraft in flight or
when such an act is about to be committed. 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 the cases contemplated in the
preceding paragraph, the Contracting State in
which the aircraft lands shall permit its passengers and crew to continue their journey as
soon as practicable, and shall return the aircraft and its cargo to the persons lawfully
entitled to possession.
which the aircraft lands shall permit its passengers and crew to continue their journey as
soon as practicable, and shall return the aircraft and its cargo to the persons lawfully
entitled to possession.
chapter V
power and duties of states
Article 12
Any Contracting
State shall allow the commander of an
aircraft registered in another Contracting State to disembark any person pursuant to Article 8,
paragraph (1).
Article 13
(1)
Any Contracting State shall take delivery of any person
whom the aircraft
commander delivers pursuant to Article 9. paragraph (1).
commander delivers pursuant to Article 9. paragraph (1).
(2)
Upon being satisfied that the circumstances so
warrant, any Contracting State shall
take custody or other measures to ensure the presence of any person suspected of an act
contemplated in Article 11, paragraph (1), and of any person of whom it has taken
delivery. The custody and other measures shall be as provided in the law of the State but
may only be continued for such time as is reasonably necessary to enable any criminal or
extradition proceedings to be instituted.
take custody or other measures to ensure the presence of any person suspected of an act
contemplated in Article 11, paragraph (1), and of any person of whom it has taken
delivery. The custody and other measures shall be as provided in the law of the State but
may only be continued for such time as is reasonably necessary to enable any criminal or
extradition proceedings to be instituted.
(3)
Any person in custody pursuant to
the previous paragraph 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)
Any Contracting State,
to which a person is delivered pursuant to Article 9.
paragraph (1). or in whose territory an aircraft lands following the commission of an act
contemplated in Article 11, paragraph (1), shall immediately make a preliminary enquiry
into the facts.
When a State, pursuant to
this Article, has taken a person into custody, it shallparagraph (1). or in whose territory an aircraft lands following the commission of an act
contemplated in Article 11, paragraph (1), shall immediately make a preliminary enquiry
into the facts.
immediately notify the State of registration of the aircraft and the State of nationality of
the detained person and, if it considers it advisable, any other interested State of the fact
that such
person is in custody and of the circumstances which warrant his detention. The State
which makes die preliminary enquiry contemplated in paragraph (4) of this Article shall promptly report its findings to the said States and shall
indicate whether it intends to exercise jurisdiction
.
Article 14
(1)
When any person has been
disembarked in accordance with Article 8, paragraph
(1), or delivered in accordance with Article 9, paragraph (1), or has disembarked after
committing an act contemplated in Article 11, paragraph (1). and when such person
cannot or does not desire to continue his journey and the State of landing refuses to admit
him, that State may, if the person in question is not a national or permanent resident of
that State, return him to the territory of the State of which he is a national or permanent
resident or to the territory of the State in which he began his journey by air.
(1), or delivered in accordance with Article 9, paragraph (1), or has disembarked after
committing an act contemplated in Article 11, paragraph (1). and when such person
cannot or does not desire to continue his journey and the State of landing refuses to admit
him, that State may, if the person in question is not a national or permanent resident of
that State, return him to the territory of the State of which he is a national or permanent
resident or to the territory of the State in which he began his journey by air.
(2)
Neither disembarkation, nor
delivery, nor the taking of custody or other measures
contemplated in Article 13, paragraph (2), nor return of the person concerned, shall be
considered as admission to the territory of the Contracting State concerned for the
purpose of its law relating to entry or admission of persons and nothing in this Convention
shall affect the law of a Contacting State relating to the expulsion of persons from its
territory.
contemplated in Article 13, paragraph (2), nor return of the person concerned, shall be
considered as admission to the territory of the Contracting State concerned for the
purpose of its law relating to entry or admission of persons and nothing in this Convention
shall affect the law of a Contacting State relating to the expulsion of persons from its
territory.
Article 15
(1)
Without prejudice to Article 14, any person who has
been disembarked in accord
ance with Article 8. paragraph (1). or delivered in accordance with Article 9, paragraph
(1), or has disembarked after committing an act contemplated in Article 11, paragraph (1),
and who desires to continue his journey shall be at liberty as soon as practicable to
proceed to any destination of his choice unless his presence is required by the law of die
State of landing for die purpose of extradition or criminal proceedings.
ance with Article 8. paragraph (1). or delivered in accordance with Article 9, paragraph
(1), or has disembarked after committing an act contemplated in Article 11, paragraph (1),
and who desires to continue his journey shall be at liberty as soon as practicable to
proceed to any destination of his choice unless his presence is required by the law of die
State of landing for die purpose of extradition or criminal proceedings.
(2)
Without prejudice to its law as
to entry and admission to, and extradition and
expulsion from its territory, a Contracting State in whose territory a person has been
disembarked in accordance with Article 8, paragraph (1), or delivered in accordance with
Article 9, paragraph (1), or has disembarked and is suspected of having committed an act
contemplated in Article 11, paragraph (1). shall accord to such person treatment which is
no less favorable for his protection and security than that accorded to nationals of such
Contracting State in like circumstances.
expulsion from its territory, a Contracting State in whose territory a person has been
disembarked in accordance with Article 8, paragraph (1), or delivered in accordance with
Article 9, paragraph (1), or has disembarked and is suspected of having committed an act
contemplated in Article 11, paragraph (1). shall accord to such person treatment which is
no less favorable for his protection and security than that accorded to nationals of such
Contracting State in like circumstances.
chapter
VI other provisions
Article 16
(1) Offenses committed on aircraft
registered in a Contracting State shall be treated, for
die purpose of extradition, as if they had been committed not only in the place in which
they have occurred but also in the territory of the State of registration of die aircraft.
die purpose of extradition, as if they had been committed not only in the place in which
they have occurred but also in the territory of the State of registration of die aircraft.
(2)
Without prejudice to die
provisions of die preceding paragraph, nothing in this
Convention shall be deemed to create an obligation to grant extradition.
Convention shall be deemed to create an obligation to grant extradition.
Article 17
In taking any measures for investigation or
arrest or otherwise exercising jurisdiction in connection with any offense
committed on board an aircraft the Contracting States shall
pay due regard to the safety and other interests of
air navigation and shall so act as to avoid unnecessarily
delay of die aircraft, passengers crew or cargo.
Article 18
If Contracting States establish
joint air transport operating organizations or international operating agencies, which operate aircraft not
registered in any one State those States shall, according to the
circumstances of the case, designate the State among them which, for the purposes of this Convention, shall be
considered as the State of registration and shall give notice thereof to
the International Civil Aviation Organization which shall communicate die notice to all States Parties to this Convention.
chapter
VII final clauses
Article 19
Until the date on
which this Convention comes into force in accordance with die provisions of Article 21, it shall remain open for signature on behalf
of any State which at that date is a Member of the
United Nations or of any of die Specialized Agencies.
Article 20
(1)
This Convention shall be subject
of ratification by die signatory States in accordance with their constitutional procedures.
(2)
The instruments of ratification
shall be deposited with die International Civil
Aviation Organization.
•
Article 21
(1) As soon as twelve
of the signatory States have deposited their instruments of ratification of this Convention, it shall come into force between them
on the ninetieth day after the date of die deposit of
die twelfth instrument of ratification. It shall come into force
for each State ratifying thereafter on die ninetieth day after die deposit of
its instrument
of ratification.
(2) As soon as this Convention comes into
force, it shall be registered with die Secretary-General of
die United Nations by die International Civil Aviation Organization.
Article 22
(1)
This Convention shall, after it
has come into force, be open for accession by any
State Member of the United Nations or of any of die Specialized Agencies.
State Member of the United Nations or of any of die Specialized Agencies.
(2)
The accession of a State shall be
effected by the deposit of an instrument of
accession with International Civil Aviation Organization and shall take effect on die
ninetieth day after the date of such deposit.
accession with International Civil Aviation Organization and shall take effect on die
ninetieth day after the date of such deposit.
Article 23
(1)
Any Contracting
State may denounce this
Convention by notification addressed to
die International Civil Aviation Organization.
die International Civil Aviation Organization.
(2)
Denunciation shall take effect six
months after the date of receipt by die Interna-
tional Civil Aviation Organization of the notification of denunciation.
tional Civil Aviation Organization of the notification of denunciation.
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