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Tokyo Convention
The Convention on Offences and Certain Other Acts Committed on Board Aircraft, commonly called the Tokyo Convention, is an international treaty concluded at Tokyo on 14 September 1963. It entered into force on 4 December 1969, and as of 2022 has been ratified by 187 parties.
The convention is applicable to offences against penal law and to any acts jeopardising the safety of persons or property on board civilian aircraft while in-flight and engaged in international air navigation. Coverage includes the commission of or the intention to commit offences and certain other acts on board aircraft registered in a Contracting State in-flight over the high seas and any other areas beyond the territory of any State in addition to the airspace belonging to any Contracting State. Criminal jurisdiction may be exercised by Contracting States other than the State of Registry under limited conditions, viz, when the exercise of jurisdiction is required under multilateral international obligations, in the interest of national security, and so forth.
The convention, for the first time in the history of international aviation law, recognises certain powers and immunities of the aircraft commander who on international flights may restrain any person(s) he has reasonable cause to believe is committing or is about to commit an offence liable to interfere with the safety of persons or property on board or who is jeopardising good order and discipline.
In strictly domestic cases the Convention does not have application[citation needed] and acts and offences committed in the airspace of the State of Registry are excluded except when the point of departure or intended landing lies outside that State, or the aircraft enters into the airspace of a State other than the State of Registry as for example on a domestic flight which traverses the boundary of another State.
Study of the question of the legal status of the aircraft had been the subject of debate from as early as the pioneering work of the French jurist Paul Fauchille in 1902 and had been frequently visited by early organisations such as, inter alia, the Comité International Technique d'Experts Juridiques Aériens (International Technical Committee of Aerial Legal Experts), the Institut de Droit International (Institute of International Law), the International Criminal Police Commission and the International Law Association. The question remained as one of the most important legal problems until the 13-year-long pre-legislative efforts of the International Civil Aviation Organization culminated in the Convention on Offenses and Certain Other Acts Committed on Board Aircraft coming into force on 4 December 1969.
There are very few subjects connected with the law of the Air on which lawyers have written so much or which they have discussed so often at International Conferences as Crimes on Aircraft.
The Convention on International Civil Aviation at Article 43 established the International Civil Aviation Organization with the aim and objective at Article 44 " ...to develop the principles and techniques of international air navigation and to foster the planning and development of international air transport so as to ... [p]romote safety of flight in international air navigation... "
The legal committee of ICAO, established by the Interim Council on 24 June 1946 and approved by the First Assembly on 23 May 1947, acting on a proposal by the Mexican representative placed the question of the legal status of the aircraft on its work programme in 1950. The Committee appointed Dr. Enrique M. Loaeza (Mexico) as rapporteur on the subject. On 15 May 1953 the Council of ICAO raised the issue of the legal status and directed the Legal Commission to commence work on the matter. Accordingly, the Legal Council at its 9th Session, held at Rio de Janeiro 25 August to 12 September 1953 primarily to study and revise the text of a draft convention intending to replace the Warsaw Convention, established a sub-committee on the Legal Status of the Aircraft.
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Tokyo Convention
The Convention on Offences and Certain Other Acts Committed on Board Aircraft, commonly called the Tokyo Convention, is an international treaty concluded at Tokyo on 14 September 1963. It entered into force on 4 December 1969, and as of 2022 has been ratified by 187 parties.
The convention is applicable to offences against penal law and to any acts jeopardising the safety of persons or property on board civilian aircraft while in-flight and engaged in international air navigation. Coverage includes the commission of or the intention to commit offences and certain other acts on board aircraft registered in a Contracting State in-flight over the high seas and any other areas beyond the territory of any State in addition to the airspace belonging to any Contracting State. Criminal jurisdiction may be exercised by Contracting States other than the State of Registry under limited conditions, viz, when the exercise of jurisdiction is required under multilateral international obligations, in the interest of national security, and so forth.
The convention, for the first time in the history of international aviation law, recognises certain powers and immunities of the aircraft commander who on international flights may restrain any person(s) he has reasonable cause to believe is committing or is about to commit an offence liable to interfere with the safety of persons or property on board or who is jeopardising good order and discipline.
In strictly domestic cases the Convention does not have application[citation needed] and acts and offences committed in the airspace of the State of Registry are excluded except when the point of departure or intended landing lies outside that State, or the aircraft enters into the airspace of a State other than the State of Registry as for example on a domestic flight which traverses the boundary of another State.
Study of the question of the legal status of the aircraft had been the subject of debate from as early as the pioneering work of the French jurist Paul Fauchille in 1902 and had been frequently visited by early organisations such as, inter alia, the Comité International Technique d'Experts Juridiques Aériens (International Technical Committee of Aerial Legal Experts), the Institut de Droit International (Institute of International Law), the International Criminal Police Commission and the International Law Association. The question remained as one of the most important legal problems until the 13-year-long pre-legislative efforts of the International Civil Aviation Organization culminated in the Convention on Offenses and Certain Other Acts Committed on Board Aircraft coming into force on 4 December 1969.
There are very few subjects connected with the law of the Air on which lawyers have written so much or which they have discussed so often at International Conferences as Crimes on Aircraft.
The Convention on International Civil Aviation at Article 43 established the International Civil Aviation Organization with the aim and objective at Article 44 " ...to develop the principles and techniques of international air navigation and to foster the planning and development of international air transport so as to ... [p]romote safety of flight in international air navigation... "
The legal committee of ICAO, established by the Interim Council on 24 June 1946 and approved by the First Assembly on 23 May 1947, acting on a proposal by the Mexican representative placed the question of the legal status of the aircraft on its work programme in 1950. The Committee appointed Dr. Enrique M. Loaeza (Mexico) as rapporteur on the subject. On 15 May 1953 the Council of ICAO raised the issue of the legal status and directed the Legal Commission to commence work on the matter. Accordingly, the Legal Council at its 9th Session, held at Rio de Janeiro 25 August to 12 September 1953 primarily to study and revise the text of a draft convention intending to replace the Warsaw Convention, established a sub-committee on the Legal Status of the Aircraft.