Under the Beijing Convention, states
are required to criminalise the transport of chemical, biological and nuclear weapons and related material. The reason behind introducing this provision is the close relation between the proliferation of weapons of mass destruction and terrorism, ensuring that the international community will act to combat both and that dangerous materials will not be transported via civil aircraft for illicit purposes and, if such attempts are made, those responsible will be held accountable under the law.
Organising, directing, financing and conspiring to commit activities that support actual terrorist acts are also criminalised. Improved enforcement and prosecution of the non-centralised terrorist networks and support systems that we are dealing with today are also provided for. The Convention also implicitly addresses the threat of cyber attacks on aviation. It must be highlighted that the Beijing Convention received 18 signatures on the spot, and, respectively, 19 for the Beijing Protocol; among the states which signed were the United States, China and the
Passenger Risk Assessment Bangkok: 11-13 December 2013
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United Kingdom. Article 22 of the Beijing Convention requires “22 ratifications, acceptance, approval or accession” for the Convention to enter into force. To date, the Convention has received 27 signatures but only 3 ratifications and 2 accessions. Article 23 of the Beijing Protocol requires “22 ratifications, acceptance, approval or accession for entry into force”. To date, the Protocol has received 29 signatures but only 4 ratifications and 2 accessions. Hence, with only five deposits of instruments of ratification and accession for the Convention and six for the Protocol respectively, neither is yet in force. In many ways these new legal tools complement and support the practical aviation security measures and objectives that were agreed at the 2010 Assembly under the context of its Special Declaration on Aviation Security. Their worldwide adoption will significantly advance cooperation in the prevention of unlawful acts relating to civil aviation and the prosecution and punishment of the offenders.
The Modernisation of the 1963 Tokyo Convention
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Based on statistical data, unruly passenger incidents are on a steady and consistent increase and the Tokyo Convention does not always provide the adequate deterrent. Therefore, ICAO convened the Legal Committee to conduct a study for the revision of the international legal regime in order to prepare and propose tangible and harmonised solutions to the numerous issues that have emerged in the application of the Tokyo Convention. The Special Sub-Committee of the Legal Committee for the Modernisation of the Tokyo Convention concluded that there are three main issues to be considered regarding the legal aspects relating to unruly passengers: expanded bases of jurisdiction, a list of offences and the status of in-flight security officers (IFSOs). The Convention recognises the jurisdiction of the state of registration of the aircraft to the exclusion of the state of the victim and the state of landing (except the territorial state, under certain conditions where jurisdiction may be concurrent, although this is not expressly stated in the Convention). In order to curb the growing trend of unruly passengers on board aircraft, and to overcome one of the major deficiencies of the Tokyo Convention, the expansion of the bases of jurisdiction was addressed so as to include the state of landing and the state of the operator.
June 2013 Aviationsecurityinternational
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