CIAO DATE: 11/01
Convention On Offences And Certain Other Acts Committed On Board Aircraft
Tokyo Convention
Australasian Legal Information Institute
September 14, 1963
Enter into force
generally 4 December 1969
The States Parties to this Convention
Have Agreed as follows:
Chapter I: Scope
Of The Convention
Article 1
1. This Convention
shall apply in respect of:
(a) offences against penal law;
(b) 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.
2. 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.
3. 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.
4. 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
1. The State of registration of the aircraft is competent to exercise jurisdiction
over offences and acts committed on board.
2. 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.
3. 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:
(a) the offence has effect on the territory of such State;
(b) the offence has been committed by or against a national or permanent resident
of such State;
(c) the offence is against the security of such State;
(d) the offence consists of a breach of any rules or regulations relating to
the flight or manoeuvre of aircraft in force in such State;
(e) 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
1. 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.
2. 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
1. 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;
(a) to protect the safety of the aircraft, or of persons or property therein;
or
(b) to maintain good order and discipline on board; or
(c) to enable him to deliver such person to competent authorities or to disembark
him in accordance with the provisions of this chapter.
2. 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
1. 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:
(a) 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;
(b) the aircraft makes a forced landing and the aircraft commander is unable
to deliver that person to competent authorities; or
(c) that person agrees to onward carriage under restraint.
2. 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
1. The aircraft commander may, in so far as it is necessary for the purpose
of subparagraph (a) or (b) of 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).
2. 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
1. 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.
2. 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.
3. 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
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.
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.
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
1. Any Contracting State shall take delivery of any person whom the aircraft
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 that 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.
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.
5. 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
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.
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 Contracting 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 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.
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 favourable for his protection and
security than that accorded to nationals of such Contracting State in like circumstances.
Chapter VI: Other Provisions
Article 16
1. 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.
2. 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
1. This Convention shall be subject to ratification by the signatory States
in accordance with their constitutional procedures.
2. The instruments of ratification shall be deposited with the 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 the deposit of the twelfth instrument of
ratification.1 It shall come into
force for each State ratifying thereafter on the ninetieth day after the deposit
of its instrument of ratification.
2. 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
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 the Specialized Agencies.2
2. 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.3
Article 23
1. Any Contracting State may denounce this Convention by notification addressed
to the International Civil Aviation Organization.
2. Denunciation shall take effect six months after the date of receipt by the
International Civil Aviation Organization of the notification of denunciation.
Article 24
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 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.
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.
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 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:
(a) of any signature of this Convention and the date thereof;
(b) of the deposit of any instrument of ratification or accession and the date
thereof;
(c) of the date on which this Convention comes into force in accordance with
Article 21, paragraph 1;
(d) of the receipt of any notification of denunciation and the date thereof;
and
(e) 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.
[Signatures not reproduced here.]
Note
1: The Convention entered into force generally 4 December 1969. Back.
Note 2: Instrument of accession deposited for Australia
22 June 1970. Back.
Note 3: The Convention entered into force for Australia
20 September 1970. Back.