nach oben

Journal of Transportation Security

Erschienen in:

01.06.2011

The Beijing Convention of 2010 on the suppression of unlawful acts relating to international civil aviation—an interpretative study

verfasst von: Ruwantissa Abeyratne

Erschienen in: Journal of Transportation Security | Ausgabe 2/2011

Einloggen

Aktivieren Sie unsere intelligente Suche, um passende Fachinhalte oder Patente zu finden.

search-config

KI-gestützte Suche

Aus

Abstract

Aviation is an important global business and a significant driver of the global economy. It is vital, therefore, that stringent measures are taken to counter acts of unlawful interference with civil aviation. Following a diplomatic conference, held in Beijing from 30 August to 10 September 2010 under the auspices of the International Civil Aviation Organization, representatives from more than 80 States adopted two international air law instruments for the suppression of unlawful acts relating to civil aviation. The two instruments are 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. The Beijing Convention serves international civil aviation well, by requiring parties to criminalize a number of new and emerging threats to the safety of civil aviation, including using aircraft as a weapon and organizing, directing and financing acts of terrorism. These new treaties reflect the international community’s shared effort to prevent acts of terrorism against civil aviation and to prosecute and punish those who would commit them. The treaties promote cooperation between States while emphasizing the human rights and fair treatment of terrorist suspects. The Convention also obligates States to criminalize the transport of biological, chemical, nuclear weapons and related material. However, many provisions of the Convention, which is a new comer to aviation security in the context of some new provisions it introduces, need interpretation. This article discusses the areas in the treaty which need interpretation and clarity.

Vorheriger Artikel A Markov model of terrorist behavior within the aviation security environment

Nächster Artikel Optimal placement of sensors and interception resource assessment for the protection of regional infrastructure from covert attack

Sie haben noch keine Lizenz? Dann Informieren Sie sich jetzt über unsere Produkte:

Springer Professional "Wirtschaft+Technik"

Online-Abonnement

Mit Springer Professional "Wirtschaft+Technik" erhalten Sie Zugriff auf:

über 102.000 Bücher
über 537 Zeitschriften

aus folgenden Fachgebieten:

Automobil + Motoren
Bauwesen + Immobilien
Business IT + Informatik
Elektrotechnik + Elektronik
Energie + Nachhaltigkeit
Finance + Banking
Management + Führung
Marketing + Vertrieb
Maschinenbau + Werkstoffe
Versicherung + Risiko

Jetzt Wissensvorsprung sichern!

Jetzt informieren

Springer Professional "Wirtschaft"

Online-Abonnement

Mit Springer Professional "Wirtschaft" erhalten Sie Zugriff auf:

über 67.000 Bücher
über 340 Zeitschriften

aus folgenden Fachgebieten:

Bauwesen + Immobilien
Business IT + Informatik
Finance + Banking
Management + Führung
Marketing + Vertrieb
Versicherung + Risiko

Jetzt Wissensvorsprung sichern!

Jetzt informieren

The International Civil Aviation Organization, a specialized agency of the United Nations, was established by Article 44 of the Convention on International Civil Aviation (Chicago Convention), signed at Chicago on 7 December 1944 (infra, note 5). The main objectives of ICAO are to develop the principles and techniques of international air navigation and to foster the planning and development of air transport. ICAO has 190 Contracting States. ICAO’s Mission and Vision Statement is “ to achieve its mission of safe, secure and sustainable development of civil aviation through cooperation amongst its member States”. In December 2004, following a decision by the 35th Session of the ICAO Assembly, the Council of ICAO approved six Strategic Objectives for 2005–2010: They are: safety; security; environmental protection; efficiency; continuity; and rule of law. From 2011, ICAO’s Strategic Objectives will be based on safety; security; environmental protection and the sustainable development of air transport.

Some 400 participants from more than 80 States and international organizations attended the Conference. The Conference unanimously elected Mr. XIA Xinghua from China as the President, and Mr. Terry Olson from France as the First-Vice President.

See generally, Abeyratne (1998) which discuss extensively the treaties. See also, Abeyratne (2010a).

See Abeyratne (2007).

The Convention on International Civil Aviation, signed at Chicago on 7 December 1944, which is the founding document of commercial aviation, in its Preamble, recognizes that the future development of international civil aviation can greatly help to create and preserve friendship and international understanding among the nations and peoples of the world, yet its abuse can become a threat to the general security; and it is desirable to avoid friction and to promote that cooperation between nations and peoples upon which the entire peace of the world depends. See ICAO Doc 7300/9 Ninth Edition: 2006, Preamble. The most significant modernist construction of the role of civil aviation in securing world peace and security comes from language used in the letters of invitation issued by the United States to the participant States to the Chicago Conference that, consequent to the war, the restorative processes of prompt communication may greatly facilitate the return to the processes of peace. However, the conscious awareness of the parties to the Convention, that in securing this peace, prudent economic and business principles must not be compromised, should not be forgotten. See Proceedings of the International Civil Aviation Conference, Chicago, Illinois, November 1–7 December 1944, US Department of State Volume 1 at 7.

Pathogens are microorganisms (including bacteria, viruses, rickettsia, parasites, fungi) or recombinant microorganisms (hybrid or mutant) that are known or are reasonably expected to cause infectious disease in humans or animals.

An year earlier, a covert event occurred in October 2001 when anthrax spores were sent through the mail exposing persons in the eastern USA to contaminated mail resulting in deaths, illnesses and identified exposures to Anthrax. Overt, announced events, in which persons are warned that an exposure has occurred, have taken place in the United States, although most of these were determined to have been hoaxes, that is, there were no true exposures to infectious agents.

The leakages occurred in China, Taiwan and Singapore. See Air-Tight Security, Intersec, June 2007 33–35 at 34.

Convention on the Suppression of Unlawful Acts Relating to International Civil Aviation, done at Beijing on 10 September 2010, Article 1 (a).

The offender has to be physically inside the aircraft. This offence therefore does not ex facie apply to an offence committed outside the aircraft. The Convention does not define “on board”. However, it must be noted that the term “on board” has been judicially defined in absolute terms in that as long as a person is physically in the aircraft, it matters not whether the flight had been terminated or not. See Herman v. Trans World Airlines, 330 N.Y.S.D. 2nd 829 (Sup.Ct. 1972) where the Court held that although the aircraft in which the passenger was travelling had been hijacked and flown to the desert, and the passenger was kept in the aircraft for several days, he was nonetheless considered to have been on board, irrespective of whether the purpose of the flight had been fulfilled or not. See also Pfug v. Egyptair, 961 F. 2d. 26 (2nd Cir.1992).

Supra, note 10, Article 2 (a).

Id. Article 1 (b).

Id, Article 2 (b).

Id, Article 1 (c).

The free Online Dictionary defines “device” as inter alia a contrivance or an invention serving a particular purpose, especially a machine used to perform one or more relatively simple tasks, or a technique or means, or a plan or scheme, especially a malign one. See http://www.thefreedictionary.com/device.

The free Online Dictionary defines “substance” as that which has mass and occupies space; matter or a material of a particular kind or constitution. See http://www.thefreedictionary.com/substance.

Article 1.2 of the Convention provides that A person commits an offence if that person unlawfully and intentionally, using any device, substance or weapon: (a) performs an act of violence against a person at an airport serving international civil aviation which causes or is likely to cause serious injury or death; or (b) destroys or seriously damages the facilities of an airport serving international civil aviation or aircraft not in service located thereon or disrupts the services of the airport, if such an act endangers or is likely to endanger safety at that airport.

Beijing Convention, supra note 9, Article 1 (d).

Charter of the United Nations and Statute of the International Court of Justice, Department of Public Information, United Nations, New York, DPI/511—40108 (3–90), 100M at 1.

Id. at 3.

Beijing Convention, supra note 10, Article 1 (e).

Id, Article 1. (f).

Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation, Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf adopted 10 March 1988; Entry into force 1 March 1992; 2005 Protocols: Adopted 14 October 2005; Entry into force 28 July 2010.

Id. Article 8 bis.

Strasbourg, XI.1998.

Id. Article 4.

Beijing Convention, supra, note 9, Article 1 (g).

According to Article 2 (h) BCN weapons are (a) biological weapons, which are: (i) microbial or other biological agents, or toxins whatever their origin or method of production, of types and in quantities that have no justification for prophylactic, protective or other peaceful purposes; or (ii) weapons, equipment or means of delivery designed to use such agents or toxins for hostile purposes or in armed conflict. (b) “chemical weapons”, which are, together or separately: toxic chemicals and their precursors, except where intended for: (A) industrial, agricultural, research, medical, pharmaceutical or other peaceful purposes; or (B) protective purposes, namely those purposes directly related to protection against toxic chemicals and to protection against chemical weapons; or (C) military purposes not connected with the use of chemical weapons and not dependent on the use of the toxic properties of chemicals as a method of warfare; or (D) law enforcement including domestic riot control purposes, as long as the types and quantities are consistent with such purposes; munitions and devices specifically designed to cause death or other harm through the toxic properties of those toxic chemicals which would be released as a result of the employment of such munitions and devices; any equipment specifically designed for use directly in connection with the employment of munitions and devices and nuclear weapons and other nuclear explosive devices.

A Special Sub Committee of the Legal Committee of ICAO met in Montreal from 3 to 6 July 2007 to discuss the preparation of one or more instruments addressing new and emerging threats. One of the issues addressed at this meeting was the unlawful transport of biological, chemical, nuclear weapons and other dangerous substances on board aircraft.

In 1984 followers of the Bhagwan Shree Rajneesh attempted to control a local election by incapacitating the local population by infecting salad bars in eleven restaurants, doorknobs, produce in grocery stores and other public domains with Salmonellas typhimurium in the city of The Dalles, Oregon.. The attack caused about 751 people to get sick (there were no fatalities). This incident was the first known bioterrorist attack in the United States in the 20th century. In September and October of 2001, several cases of anthrax broke out in the United States which were reportedly caused deliberately. This was a well-publicized act of bioterrorism. It motivated efforts to define biodefense and biosecurity.

In 1915 and 1916, Dr Anton Dilger, a German-American physician used cultures of anthrax and glanders with the intention of committing biological sabotage on behalf of the German government. Other German agents are known to have undertaken similar sabotage efforts during World War I in Norway, Spain, Romania and Argentina.

Beijing Convention, supra, note 9, Article 1.2.

Id, Article 1. 3.

Id. Article 1.4.

http://www.audioenglish.net/dictionary/undertake.htm

http://www.macmillandictionary.com/dictionary/american/undertake

Vienna Convention on the Law of Treaties 1969, done at Vienna on 23 May 1969. The Convention entered into force on 27 January 1980. United Nations, Treaty Series, vol. 1155, p. 331.

Chicago Convention, Supra, note 5, Article 3. (a) and (b).

Beijing Convention, supra, note 9, Article 8.2.

Id. Article 10.

See Abeyratne (2010b).

Abeyratne RIR (1998) Aviation security. Ashgate, Aldershot, pp 131–196

Abeyratne RIR (2007) The safe carriage of dangerous pathogens by air: legal and regulatory issues. Eur Transp Law XLII(6):689–704

Abeyratne R (2010a) Aviation security law. Springer, Heidelberg, pp 205–264CrossRef

Abeyratne RIR (2010b) Negligent entrustment of leased aircraft and crew: some legal issues. Air Space Law 35(1):33–44

Guill M (2000) Cyber-terrorism poses newest and perhaps elusive threat to civil aviation. ICAO Journal, June 2000 at 18

Titel: The Beijing Convention of 2010 on the suppression of unlawful acts relating to international civil aviation—an interpretative study
verfasst von: Ruwantissa Abeyratne
Publikationsdatum: 01.06.2011
Verlag: Springer US
Erschienen in: Journal of Transportation Security / Ausgabe 2/2011
Print ISSN: 1938-7741
Elektronische ISSN: 1938-775X
DOI: https://doi.org/10.1007/s12198-011-0062-7

Springer Professional

Abstract

Bitte loggen Sie sich ein, um Zugang zu Ihrer Lizenz zu erhalten.

Sie haben noch keine Lizenz? Dann Informieren Sie sich jetzt über unsere Produkte:

Springer Professional "Wirtschaft+Technik"

Springer Professional "Wirtschaft"

Weitere Artikel der Ausgabe 2/2011

Optimal placement of sensors and interception resource assessment for the protection of regional infrastructure from covert attack

Structural health and bridge security in a multihazard environment

Risk trade-off linked to temporary storage function in road transports

A Markov model of terrorist behavior within the aviation security environment

Premium Partner