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Draft Proposals On Unlawful Seizure Of Aircraft*

Published online by Cambridge University Press:  04 April 2017

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Type
Treaties and Agreements
Information
International Legal Materials , Volume 8 , Issue 2 , March 1969 , pp. 245 - 257
Copyright
Copyright © American Society of International Law 1969

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Footnotes

*

[Reproduced from International Civil Aviation Organization Document LC/SC SA Report of February 21, 1969.

[The draft convention prepared by the subcommittee of the I.C.A.O. Legal Committee appears at I.L.M. page 251. The draft protocol to the Tokyo Convention on Offences and Certain Other Acts Committed on Board Aircraft, presented by the U.S. delegation, appears at page 256. The Tokyo Convention appeared at 2 International Legal Materials 1042 (1963).

[The subcommittee’s report containing these proposals has been submitted to Governments for their consideration, pending further action within the International Civil Aviation Organization.]

References

(1) The expression “unlawful seizure of aircraft” is used in this report solely for convenience; the ingredients of the act concerned are more fully described in paragraph 8 below.

(l) The term “convention” is used in this Report only for convenience. This does not prejudge the form of the agreement to be eventually adopted.

(2) In French and Spanish, the English term “force” would be rendered by the word “violence” and “violencia” as is done in Article 11 of the Tokyo Convention. The majority of the Subcommittee considered that force or threat of force should be construed as meaning something in the nature of physical force or threat to exercise physical force.

(1) The treatment of other accomplices would be governed by national law.

(1) The provisions referred to in paras. 10, 11 and 12 would not be included in the convention if it were to take the form of a protocol which could not be ratified independently of the Tokyo Convention.

(2) One of the Delegations who were in the minority put before the members of the Subcommittee LC/SC SA WD 14, a copy of which is attached to this Report (as Appendix C) and which sets out that Delegation’s suggestion for the way in which the matter might be dealt with.

(1) Although it has been drafted as a Convention distinct from the Tokyo Convention, this draft could be adapted to form a protocol to the said Convention.

* At the request of the Delegations concerned, WD 11 and WD 14 are attached (Appendices B and C respectively).