per la soppressione di atti illeciti contro la sicurezza dell'aviazione
civile, firmata a Montreal il 23 settembre 1971
for the Suppression of Unlawful Acts Against the Safety of Civil
(Montreal, 23 September
The States Parties to the Convention
Considering that unlawful acts against the safety of
civil aviation 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:
- Any person commits an offence if he unlawfully and
- performs an act of violence against a person on
board an aircraft in flight if that act is likely to endanger the
safety of that aircraft; or
- 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
- places or causes to be placed on an aircraft in
service, by any means whatsoever, a device or substance which is likely
to destroy that 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
- destroys or damages air navigation facilities
or interferes with their operation, if any such act is likely to
endanger the safety of aircraft in flight; or
- communicates information which he knows to be
false, thereby endangering the safety of an aircraft in flight.
- Any person also commits an offence if he:
- attempts to commit any of the offences
mentioned in paragraph 1 of this Article; or
- is an accomplice of a person who commits or
attempts to commit any such offence.
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;
- 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.
Each Contracting State undertakes to make the offences
mentioned in Article 1 punishable by severe penalties.
- This Convention shall not apply to aircraft used in
military, customs or police services.
- In the cases contemplated in subparagraphs (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:
- the place of take-off or landing, actual or
intended, of the aircraft is situated outside the territory of the
State of registration of that aircraft; or
- the offence is committed in the territory of a
State other than the State of registration of the aircraft.
- Notwithstanding paragraph 2 of this Article, in the
cases contemplated in subparagraphs (a), (b), (c) and (e) of paragraph
1 of Article 1, this Convention shall also apply if the offender or the
alleged offender is found in the territory of a State other than the
State of registration of the aircraft.
- With respect to the States mentioned in Article 9
and in the cases mentioned insubparagraphs (a), (b), (c) and (e) 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 9, unless the offence is committed or
the offender or alleged offender is found in the territory of a State
other than that State.
- In the cases contemplated in subparagraph (d) of
paragraph 1 of Article 1, this Convention shall apply only if the air
navigation facilities are used in international air navigation.
- The provisions of paragraphs 2, 3, 4 and 5 of this
Article shall also apply in the cases contemplated in paragraph 2 of
- Each Contracting State shall take such measures as
may be necessary to establish its jurisdiction over the offences in the
- when the offence is committed in the territory
of that State;
- when the offence is committed against or on
board an aircraft registered in that State;
- when the aircraft on board which the offence is
committed lands in its territory with the alleged offender still on
- when the offence is committed against or 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.
- Each Contracting State shall likewise take such
measures as may be necessary to establish its jurisdiction over the
offences 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
offences, 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.
- This Convention does not exclude any criminal
jurisdiction exercised in accordance with national law.
- 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.
- Such State shall immediately make a preliminary
enquiry into the facts.
- 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
- 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, 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 the preliminary enquiry
contemplated in paragraph 2 of this Article shall promptly report its
findings to the said States and shall indicate whether it intends to
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.
- 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 etradition treaty to be
concluded between them.
- 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
- 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.
- 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).
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.
- 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
- 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 presentshall 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
- 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.
- 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.
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.
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
- the circumstances of the offence;
- the action taken pursuant to Article 10, paragraph
- 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.
- 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 ofJustice by request in conformity
with the Statute of the Court.
- 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.
- 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.
- 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.
- 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.
- 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
- 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
- The Depositary Governments shall promptly inform
all signatory andacceding 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.
- 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).
- Any Contracting State may denounce this Convention
by written notification to the Depositary Governments.
- Denunciation shall take effect six months following
the date on which notification is received by the Depositary
IN WITNESS WHEREOF the undersigned Plenipotentiaries,
being duly authorized thereto by their Governments, have signed this
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.