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The Convention on the Suppression of Unlawful Acts Relating to International Civil Aviation and the Protocol Supplementary to the Convention for the Suppression of Unlawful Seizure of Aircraft

Published online by Cambridge University Press:  27 February 2017

Samuel M. Witten
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Type
International Legal Documents
Information
International Legal Materials , Volume 50 , Issue 2 , April 2011 , pp. 141 - 159
Copyright
Copyright © American Society of International Law 2011

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References

Notes

* This text was reproduced and reformatted from the text available at the International Civil Aviation Organization website (visited Mar. 30, 2011) http://www.icao.int/DCAS2010/restr/docs/beijing_convention_multi.pdf.

1 United Nations Convention for the Suppression of Unlawful Seizure of Aircraft, Dec. 16, 1970 Google Scholar, 12325 U.N.T.S. 860, available at http://treaties.un.org/doc/db/Terrorism/Conv2-english.pdf.

2 United Nations Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, Sept. 23, 1971, 974 U.N.T.S. 178 Google Scholar, available at http://treaties.un.org/doc/db/Terrorism/Conv3-english.pdf.

3 United Nations Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, Dec. 14, 1973, 3166 U.N.T.S. 1035 Google Scholar, available at http://treaties.un.org/doc/db/Terrorism/english-18-7.pdf.

4 United Nations Convention Against the Taking of Hostages, Dec. 17, 1979, 21931 U.N.T.S. 1316 Google Scholar, available at http://treaties.un.org/doc/db/Terrorism/english-18-5.pdf.

5 United Nations Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation, Mar. 10, 1988, 29004 U.N.T.S. 1678 Google Scholar, available at http://treaties.un.org/doc/db/Terrorism/Conv8-english.pdf.

6 United Nations Convention for the Suppression of Terrorist Bombings, Dec. 15, 1997, 37517 U.N.T.S. 2149 Google Scholar, available at http://treaties.un.org/doc/db/Terrorism/english-18-9.pdf.

7 United Nations Protocol on the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, Supplementary to the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, Feb. 24, 1988, 14118 U.N.T.S. 1589 Google Scholar, available at http://treaties.un.org/doc/db/Terrorism/Conv7-english.pdf.

8 Assembly of the International Civil Aviation Organization Res. 33-1, 33rd Sess., Sept. 25–Oct. 5, 2001 Google Scholar, available at http://www.icao.int/icao/en/assembl/a33/resolutions_a33.pdf.

9 The use of aircraft to destroy public buildings and infrastructure would probably have been considered an offense under the relevant definitions of terrorist acts under the Terrorist Bombings Convention. However, the Beijing Convention, negotiated under the framework of the International Civil Aviation Organization, makes this offense clear and explicit.

10 These offenses do not undermine the rights of States Parties to the Nuclear Nonproliferation Treaty (“NPT”) with regard to nuclear transport. Persons acting consistently with NPT provisions may not be prosecuted, for example, for transporting nuclear materials, where the resulting transfer is permitted by the NPT. These exceptions clarify that the transport offense is not meant to undermine or alter the existing legal requirements on these issues but rather to deter and punish movement of materials of proliferation around the world by air, where such movement would pose a threat to international peace and security. The offense parallels a similar transport offense contained in the 2005 Protocol to the Convention for the Suppression of Unlawful Acts. United Nations Convention for the Suppression of Acts of Nuclear Terrorism, Apr. 13, 2005, 44004 U.N.T.S. 2445, available at http://treaties.un.org/doc/db/Terrorism/english-18-15.pdf.