Convenzione sui reati e altri atti
commessi a bordo di aeromobili, firmata a Tokyo il 14 settembre
1963
Convention
on Offences and Certain Other Acts Committed on Board Aircraft
(Tokyo 14 September 1963)
THE STATES PARTIES to this Convention,
HAVE AGREED as follows:
CHAPTER I
SCOPE OF THE CONVENTION
Article 1
- This Convention shall apply in respect of:
- offences against penal law;
- acts which, whether or not they are offences,
may or do jeopardize the safety of the aircraft or of persons or
property therein or which jeopardize good order and discipline on
board.
- Except as provided in Chapter III, this Convention
shall apply in respect of offences committed or acts done by a person
on board any aircraft registered in a Contracting State, while that
aircraft is in flight or on the surface of the high seas or of any
other area outside the territory of any State.
- For the purposes of this Convention, an aircraft is
considered to be in flight from the moment when power is applied for
the purpose of take- off until the moment when the landing run ends.
- This Convention shall not apply to aircraft used in
military, customs or police services.
Article 2
Without prejudice to the provisions of Article 4 and
except when the safety of the aircraft or of persons or property on
board so requires, no provision of this Convention shall be interpreted
as authorizing or requiring any action in respect of offences against
penal laws of a political nature or those based on racial or religious
discrimination.
CHAPTER II
JURISDICTION
Article 3
- The State of registration of the aircraft is
competent to exercise jurisdiction over offences and acts committed on
board.
- Each Contracting State shall take such measures as
may be necessary to establish its jurisdiction as the State of
registration over offences committed on board aircraft registered in
such State.
- This Convention does not exclude any criminal
jurisdiction exercised in accordance with national law.
Article 4
A Contracting State which is not the State of
registration may not interfere with an aircraft in flight in order to
exercise its criminal jurisdiction over an offence committed on board
except in the following cases:
- the offence has effect on the territory of such
State;
- the offence has been committed by or against a
national or permanent resident of such State;
- the offence is against the security of such State;
- the offence consists of a breach of any rules or
regulations relating to the flight or manoeuvre of aircraft in force in
such State;
- the exercise of jurisdiction is necessary to ensure
the observance of any obligation of such State under a multilateral
international agreement.
CHAPTER III
POWERS OF THE AIRCRAFT
COMMANDER
Article 5
- The provisions of this Chapter shall not apply to
offences and acts committed or about to be committed by a person on
board an aircraft in flight in the airspace of the State of
registration or over the high seas or any other area outside the
territory of any State unless the last point of take- off or the next
point of intended landing is situated in a State other than that of
registration, or the aircraft subsequently flies in the airspace of a
State other than that of registration with such person still on board.
- Notwithstanding the provisions of Article 1,
paragraph 3, an aircraft shall for the purposes of this Chapter, be
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 provisions of this Chapter shall continue to apply with
respect to offences and acts committed on board until competent
authorities of a State take over the responsibility for the aircraft
and for the persons and property on board.
Article 6
- The aircraft commander may, when he has reasonable
grounds to believe that a person has committed, or is about to commit,
on board the aircraft, an offence or act contemplated in Article 1,
paragraph 1, impose upon such person reasonable measures including
restraint which are necessary:
- to protect the safety of the aircraft, or of
persons or property therein; or
- to maintain good order and discipline on board;
or
- to enable him to deliver such person to
competent authorities or to disembark him in accordance with the
provisions of this Chapter.
- The aircraft commander may require or authorize the
assistance of other crew members and may request or authorize, but not
require, the assistance of passengers to restrain any person whom he is
entitled to restrain. Any crew member or passenger may also take
reasonable preventive measures without such authorization when he has
reasonable grounds to believe that such action is immediately necessary
to protect the safety of the aircraft, or of persons or property
therein.
Article 7
- Measures of restraint imposed upon a person in
accordance with Article 6 shall not be continued beyond any point at
which the aircraft lands unless:
- such point is in the territory of a
non-Contracting State and its authorities refuse to permit
disembarkation of that person or those measures have been imposed in
accordance with Article 6, paragraph 1(c) in order to enable his
delivery to competent authorities;
- the aircraft makes a forced landing and the
aircraft commander is unable to deliver that person to competent
authorities; or
- that person agrees to onward carriage under
restraint.
- The aircraft commander shall as soon as
practicable, and if possible before landing in the territory of a State
with a person on board who has been placed under restraint in
accordance with the provisions of Article 6, notify the authorities of
such State of the fact that a person on board is under restraint and of
the reasons for such restraint.
Article 8
- The aircraft commander may, in so far as it is
necessary for the purpose of subparagraph (a) or (b) or paragraph 1 of
Article 6, disembark in the territory of any State in which the
aircraft lands any person who he has reasonable grounds to believe has
committed, or is about to commit, on board the aircraft an act
contemplated in Article 1, paragraph 1(b).
- The aircraft commander shall report to the
authorities of the State in which he disembarks any person pursuant to
this Article, the fact of, and the reasons for, such disembarkation.
Article 9
- The aircraft commander may deliver to the competent
authorities of any Contracting State in the territory of which the
aircraft lands any person who he has reasonable grounds to believe has
committed on board the aircraft an act which, in his opinion, is a
serious offence according to the penal law of the State of registration
of the aircraft.
- The aircraft commander shall as soon as practicable
and if possible before landing in the territory of a Contracting State
with a person on board whom the aircraft commander intends to deliver
in accordance with the preceding paragraph, notify the authorities of
such State of his intention to deliver such person and the reasons
therefor.
- The aircraft commander shall furnish the
authorities to whom any suspected offender is delivered in accordance
with the provisions of this Article with evidence and information
which, under the law of the State of registration of the aircraft, are
lawfully in his possession.
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
- 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.
- 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.
CHAPTER V
POWERS 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
- Any Contracting State shall take delivery of any
person whom the aircraft commander delivers pursuant to Article 9,
paragraph 1.
- 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 that State but may only be continued for such time as is
reasonably necessary to enable any criminal or extradition proceedings
to be instituted.
- 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.
- 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 shall 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 the
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
- 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.
- Neither disembarkation, nor delivery, not 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 Contracting State
relating to the expulsion of persons from its territory.
Article 15
- Without prejudice to Article 14, any person who 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
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 the State of landing for the purpose
of extradition or criminal proceedings.
- 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 favourable for his protection
and security than that accorded to nationals of such Contracting State
in like circumstances.
CHAPTER VI
OTHER PROVISIONS
Article 16
- Offences committed on aircraft registered in a
Contracting State shall be treated, for the 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 the
aircraft.
- Without prejudice to the provisions of the
preceding paragraph, nothing in this 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 offence
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 unnecessary delay of the 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 the
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 the 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 the Specialized Agencies.
Article 20
- This Convention shall be subject to ratification by
the signatory States in accordance with their constitutional
procedures.
- The instruments of ratification shall be deposited
with the International Civil Aviation Organization.
Article 21
- 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 the deposit of the twelfth instrument of ratification. It shall come
into force for each State ratifying thereafter on the ninetieth day
after the deposit of its instrument of ratification.
- As soon as this Convention comes into force, it
shall be registered with the Secretary-General of the United Nations by
the International Civil Aviation Organization.
Article 22
- 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 the Specialized Agencies.
- The accession of a State shall be effected by the
deposit of an instrument of accession with the International Civil
Aviation Organization and shall take effect on the ninetieth day after
the date of such deposit.
Article 23
- Any Contracting State may denounce this Convention
by notification addressed to the International Civil Aviation
Organization.
- Denunciation shall take effect six months after the
date of receipt by the International Civil Aviation Organization of the
notification of denunciation.
Article 24
- 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 of Justice 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 International Civil Aviation
Organization.
Article 25
Except as provided in Article 24 no reservation may be
made to this Convention.
Article 26
The International Civil Aviation Organization shall
give notice to all States Members of the United Nations or of any of
the Specialized Agencies:
- of any signature of this Convention and the date
thereof;
- of the deposit of any instrument of ratification or
accession and the date thereof;
- of the date on which this Convention comes into
force in accordance with Article 21, paragraph 1;
- of the receipt of any notification of denunciation
and the date thereof; and
- of the receipt of any declaration or notification
made under Article 24 and the date thereof.
IN WITNESS WHEREOF the undersigned Plenipotentiaries,
having been duly authorized, have signed this Convention.
DONE at Tokyo on the fourteenth day of September One
Thousand Nine Hundred and Sixty-three in three authentic texts drawn up
in the English, French and Spanish languages.
This Convention shall be deposited with the
International Civil Aviation Organization with which, in accordance
with Article 19, it shall remain open for signature and the said
Organization shall send certified copies thereof to all States Members
of the United Nations or of any Specialized Agency.
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