International Civil Aviation Organization 1 AMENDMENTS TO THE TOKYO CONVENTION Gdansk International Air and Space Law Conference (Gdansk, Poland) November 2013 Jiefang Huang Senior Legal Officer Legal Affairs and External Relations Bureau International Civil Aviation Organization

2 Tokyo Convention

International Civil Aviation Organization US v.Cordova, 3 CCH Aviation Cases 3 ( ) 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. 4Project title (Insert, Header & Footer)

International Civil Aviation Organization

6 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 threats that could affect the safety of the crew, passengers and aircraft Sexual abuse or harassment What are the typical types of behaviour? Legal Affairs and External Relations Bureau

7 Rock star Courtney Love was arrested at London's Heathrow Airport in 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 Duggan The 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. 10Project title (Insert, Header & Footer)

11 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 12Project title (Insert, Header & Footer)

13 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

14 ICAO LEGAL AFFAIRS AND EXTERNAL RELATIONS BUREAU Thank you ! Legal Affairs and External Relations Bureau