1 / 15

Latest developments of the Legal work on terrorism in ICAO Denys Wibaux

Latest developments of the Legal work on terrorism in ICAO Denys Wibaux Montreal, 15 September 2007. Introduction. ICAO Aviation Security Conventions. Tokyo Convention 1963 – 182 Parties The Hague Convention 1970 for the unlawful seizure of aircraft – 182 Parties

carlos-cervantes
Download Presentation

Latest developments of the Legal work on terrorism in ICAO Denys Wibaux

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Latest developments of the Legal work on terrorism in ICAO Denys Wibaux Montreal, 15 September 2007

  2. Introduction

  3. ICAO Aviation Security Conventions • Tokyo Convention 1963 – 182 Parties • The Hague Convention 1970 for the unlawful seizure of aircraft – 182 Parties • The Montreal Convention 1971 for the suppression of unlawful acts against the safety of aviation – 185 Parties • The Montreal Protocol for the suppression of acts of violence at airports – 161 Parties • The MEX Convention 1991 on the marking of explosives – 132 Parties

  4. The 1970 Hague Convention Major Achievements • Criminalization of Hijacking • Extradite or Prosecute Obligation

  5. The Montreal Convention and Its Protocol • Criminalization of Certain Acts: Sabotage • Expansion of the scope of application to the airports serving international civil aviation

  6. Review of the Conventions • Assembly Resolution A33-1 • The Secretariat Study • Very positive replies of States to a questionnaire • Secretariat Study Group • The Special Legal Sub-Committee

  7. Draft Amendments proposed by the Sub-Committee • Creation of new offences: • Incorporation of certain common clauses in more recent conventions

  8. Proposed New Offences • Using civil aircraft as a weapon • Using civil aircraft to spread biological, chemical or nuclear substances to cause damage • Use biological, chemical or nuclear substances to cause damage • Threats to commit an offence defined in the Conventions

  9. Incorporation of Common Provisions in the UN Treaties • Punishment of the organizers and directors of the offence • Exclusion of “the political offence exception” • Military exclusion clause • Fair treatment clause

  10. Liability and Aviation War Risk Insurance • Globaltime • Modernization of the 1952 Rome Convention

  11. Main features of the draft • First layer: Limited and strict liability of the carrier • Second layer: The Supplementary Compensation Mechanism (SCM) • Third layer: Is left for the solidarity inside a State or between States

  12. Main features (cont’d) • Geographical scope * Accident occurs on the territory of a State party * Accident occurs on the territory of a State non-party * Opt-in for domestic accidents

  13. Bones of contention • Breakability of limits • Inclusion of other entities • Maximum SCM limits • Pre or post funding

  14. Advantages of a new convention • For the carriers: * Legal certainty * Limited liability * Better insurability of the risk • For the victims: * Mandatory insurance for carriers * Advance payments * Intervention if necessary of a solvent international fund * Recognition and enforcement of judgements For All: Stability of the air transport system (exclusive remedy clause)

  15. Next Steps of the Work • Legal Committee – it is open to all ICAO member States • If the texts are mature, diplomatic conference to adopt new instruments

More Related