Aviation Briefs

ICAO Legal Agenda

From its first meeting in 1947, the International Civil Aviation Organisation has been the forum for multilateral resolution of legal problems relating to international civil aviation. In that time the organisation had dealt with numerous legal problems of great practical importance to civil aviation requiring concerted international action. In particular this has led to resolution of Treaties relating to terrorism including the Tokyo Convention on Offences Committed Onboard Aircraft 1963, the Hague Convention for the Suppression of Unlawful Seizure of Aircraft 1970 and the Montreal Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation 1971.

A protocol to the 1971 Convention has recently been concluded. This 1988 Protocol is not yet in force but has the effect of extending the definition of offences for unlawful and international acts of violence to apply not only onboard aircraft in flight but also to within an airport serving international civil aviation. This follows a case where ticketed and checked passengers were waiting for their plane to arrive when the terrorists struck. Carrier liability could not be found because they were not actually ’embarking or disembarking’.

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