International Civil Aviation Organization

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AMENDMENTS TO THE TOKYO CONVENTION

Gdansk International Air and Space Law Conference(Gdansk, Poland)

14-15 November 2013Jiefang Huang

Senior Legal OfficerLegal Affairs and External Relations Bureau

International Civil Aviation Organization

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Tokyo Convention

International Civil Aviation Organization

US v.Cordova, 3 CCH Aviation Cases 3 (1950-1953) at 17,306

R. v. Martin [1956] 2 Queen’s Bench 27

The Tokyo Convention

Article 3, Paragraph 1: the State of registration of the aircraft is competent to exercise jurisdiction over offences and acts committed on board.Articles 6 to 9 establish the power of aircraft commander.

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International Civil Aviation Organization

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THE CONTEXT (Cont’d)

Refusal to comply with safety instructions

Verbal or physical confrontation with crew members or other passengers

Illegal consumption of

narcotics or cigarettes

Making threatsthat could affectthe safety of thecrew, passengersand aircraft

Sexual abuse or harassment

What are the typical types of behaviour?

Legal Affairs and External Relations Bureau

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Rock star Courtney Love was arrested at London's Heathrow Airport in 2003. Reports said she had been "verbally abusive" to cabin crew. AP

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The Issue of the Jurisdiction of the State of Landing

The Queen v. Remy Martins DugganThe State of Landing does not have jurisdiction

on an offence which neither took place in its territory, nor on board an aircraft registered in its State.

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Discussion at the Legal Committee

Jurisdiction The State of registry jurisdiction, already existing under Tokyo, should

be preserved. Similarly, territorial jurisdiction of a State, which was well recognized in

international law, was easily supported. There was a general sentiment that the inclusion and exercise of the

State of landing and State of the operator jurisdictions would assist to curb unruly behaviour on board aircraft.

Also, further deliberation was needed on the question whether to have mandatory and optional jurisdictions.

Legal Affairs and External Relations Bureau

In-Flight Security Officers

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WHAT NEXT?

Diplomatic Conference in 2014

Main Issues:1. Jurisdiction of State of Landing, Mandatory

or Optional?2. IFSO’s functions: Security or Security+Safety?

Legal Affairs and External Relations Bureau

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ICAO LEGAL AFFAIRS ANDEXTERNAL RELATIONS BUREAU

Thank you !

Legal Affairs and External Relations Bureau