131
CHAPTER XVI
CONVENTION ON OFFENCES AND CERTAIN
OTHER ACTS COMMITTED ON BOARD AIRCRAFT
SIGNED AT TOKYO ON 14 SEPTEMBER, 1963
(THE TOKYO CONVENTION, 1963)
132
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133
THE TOKYO CONVENTION, 1963 CHAP. XVI
CHAPTER XVI
CONVENTION ON OFFENCES AND CERTAIN
OTHER ACTS COMMITTED ON BOARD AIRCRAFT
SIGNED AT TOKYO ON 14 SEPTEMBER, 1963 *
(THE TOKYO CONVENTION, 1963)
THE STATES Parties to this Convention. Article 2
HAVE AGREED as follows : Without prejudice to the provisions of
Article 4 and except when the safety of the
CHAPTER I
aircraft or of persons or property on board so
SCOPE OF THE CONVENTION requires no provision of this Convention shall
be interpreted as authorizing or requiring any
Article I action in respect of offences against penal
1. This Convention shall apply in respect of laws of a political nature or those based on
: racial or religious discrimination.
(a) offences against penal law; CHAPTER II
(b) acts which, whether or not they are JURISDICTION
offences, may or do jeopardize the safety
Article 3
of the aircraft or of persons of property
therein or which jeopardize good order 1. The State of registration of the aircraft
and discipline on board. is competent to exercise jurisdiction over
offences and acts committed on board.
2. Except as provided in Chapter III, this
Convention shall apply in respect of offences 2. Each Contracting State shall take such
committed or acts done by a person on board measures as may be necessary to establish its
any aircraft registered in a Contracting State, jurisdiction as the State of registration over
while that aircraft is in flight or on the surface offences committed on board aircraft registered
of the high seas or of any other area outside the in such State.
territory of any State.
3. This Convention does not exclude any
3. For the purposes of this Convention, an criminal jurisdiction exercised in accordance
aircraft is considered to be in flight from the with national law.
moment when power is applied for the purpose
of take-off until the moment when the landing Article 4
run ends. A Contracting State which is not the State
4. This Convention shall not apply to of registration may not interfere with an aircraft
aircraft used in military, customs or police in flight in order to exercise its criminal
services. jurisdiction over an offence committed on board
except in the following cases :
* Entered into force.on 4 December, 1969.
As on 30 June, 2003 there are only 176 contracting States party to it.
India ratified it on 22 July 1975.
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CHAP. XVI THE TOKYO CONVENTION, 1963
(a) the offence has effect on the territory of Article 6
such State;
1. The aircraft commander may, when he
(b) the offence has been committed by or has reasonable grounds to believe that a person
against a national or permanent resident has committed or is about to commit, on board
of such State; the aircraft an offence or act contemplated in
(c) the offence is against the security of Article 1 paragraph 1, impose upon such person
such State; reasonable measures including restrain which
are necessary :
(d) the offence consists of a breach of any
rules or regulations relating to the flight (a) to protect the safety of the aircraft or of
or manoeuver of aircraft in force in persons of property therein; or
such State; (b) to maintain good order and discipline
(e) the exercise of jurisdiction is necessary on board; or
to ensure the observance of any (c) to enable him to deliver such person to
obligation of such State under a competent authorities or to disembark
multilateral international agreement. him in accordance with the provisions
CHAPTER III of this Chapter.
POWERS OF THE AIRCRAFT 2. The aircraft commander may require or
COMMANDER authorize the assistance of other crew members
and may request or authorize, but not require,
Article 5 the assistance of passengers to restrain any
person whom he is entitled to restraint. Any
1. The provisions of this Chapter shall not
crew member or passenger may also take
apply to offences and acts committed or about
reasonable preventive measures without such
to be committed by a person on board an aircraft
authorization when he has reasonable grounds
in flight in the air-space of the State of
to believe that such action is immediately
registration or over the high seas or any other
necessary to protect the safety of the aircraft,
area outside the territory of any State unless
or of persons of property therein.
the last point of take-off or the next point of
intended landing is situated in a State other Article 7
than that of registration, or the aircraft
subsequently flies in the air-space of a State 1. Measures of restraint imposed upon a
other than that of registration with such person person in accordance with Article 6 shall not
still on board. be continued beyond any point at which the
aircraft lands unless :
2. Notwithstanding the provisions of
Article 1, paragraph 3, an aircraft shall for the (a) such point is in the territory of a non-
purposes of this Chapter, be considered to be Contracting State and its authorities
in flight at any time from the moment when all refuse to permit disembarkation of that
its external doors are closed following person or those measures have been
embarkation until the moment when any such imposed in accordance with Article 6,
door is opened for disembarkation. In the case paragraph 1(c) in order to enable his
of a forced landing, the provisions of this delivery to competent authorities;
Chapter shall continue to apply with respect to (b) the aircraft makes a forced landing and
offences and acts committed on board until the aircraft commander is unable to
competent authorities of a State take over the deliver that person to competent
responsibility for the aircraft and for the authorities; or
persons and property on board.
135
THE TOKYO CONVENTION, 1963 CHAP. XVI
(c) that person agrees to onward carriage which under the law of the State of registration
under restraint. of the aircraft, are lawfully in his possession.
2. The aircraft commander shall as soon Article 10
as practicable, and if possible before landing
For actions taken in accordance with this
in the territory of a State with a person on
Convention, neither the aircraft commander,
board who has been placed under restraint in
any other member of the crew, any passenger,
accordance with the provisions of Article 6,
the owner or operator of the aircraft, nor the
notify the authorities of such State of the fact
person on whose behalf the flight was perfomed
that a person on board in under restraint and of
shall be held responsible in any proceeding on
the reasons for such restraint.
account of the treatment undergone by the
Article 8 person against whom the actions were taken.
1. The aircraft commander may, in so far CHAPTER IV
as its is necessary for the purpose of
subparagraph (a) or (b) of paragraph 1 of Article UNLAWFUL SEIZURE OF AIRCRAFT
6, disembark in the territory of any State in Article 11
which the aircraft lands any person who he has
reasonable grounds to believe has committed, 1. When a person on board has unlawfully
or is about to commit, on board the aircraft an committed by force of threat thereof an act of
act contemplated in Article 1, paragraph 1(b). interference seizure, or other wrongful exercise
of control of an aircraft in flight or when such
2. The aircraft commander shall report to an act is about to be committed, Contracting
the authorities of the State in which he States shall take all appropriate measures to
disembarks any person pursuant to this Article, restore control of the aircraft to its lawful
the fact of, and the reasons for, such commander or to preserve his control of the
embarkation. aircraft.
Article 9 2. In the cases contemplated in the
1. The aircraft commander may deliver to proceeding paragraph, the Contracting State
the competent authorities of any Contracting in which the aircraft land shall permit its
State in the territory of which the aircraft lands passengers and crew to continue their journey
any person who he has reasonable grounds to as soon as practicable and shall return the
believe has committed on board the aircraft an aircraft and its cargo to the person lawfully
act which, in his opinion, is a serious offence entitled to possession.
according to the penal law of the State CHAPTER V
registration of the aircraft.
POWERS AND DUTIES OF STATES
2. The aircraft commander shall as soon
as practiable and if possible before landing in Article 12
the territory of a Contracting State with a person
on board whom the aircraft commander intends Any Contracting State shall allow the
to deliver in accordance with the proceeding commander of an aircraft registered in another
paragraph, notify the authorities of such State Contracting State to disembark any person
of his intention to deliver such person and the pursuant to Article 8, paragraph 1.
reasons therefor. Article 13
3. The aircraft commander shall furnish 1. Any Contracting State shall take delivery
the authorities to whom any suspected offender of any person whom the aircraft commander
is delivered in accordance with the provisions delivers pursuant to Article 9, paragraph 1.
of this Article with evidence and information
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CHAP. XVI THE TOKYO CONVENTION, 1963
2. Upon being satisfied that the landing refuses to admit him, that State may, if
circumstances so warrant, any Contracing State the person in question is not a national or
shall take custody or other measures to ensure permanent resident of that State, return him to
the presence of any person suspected of an act the territory of the State of which he is a
contemplated in Article 11, paragraph 1 and of national or permanent resident or to the territory
any person of whom it has taken delivery. The of the State in which he began his journey by
custody and other measures shall be as provided air.
in the law of that State but may only be
2. Neither disembarkation, nor delivery,
continued for such time as is reasonably
nor the taking of custody or other measures
necessary to enable any criminal or extradition
contemplated in Article 13, paragraph 2, nor
proceedings to be instituted.
return of the person concerned, shall be
3. Any person in custody pursuant to the considered as admission to the territory of the
previous paragraph shall be assisted in Contracting State concerned for the purpose
communicating immediately with the nearest of its law relating to entry or admission of
appropriate representative of the State of which persons and nothing in this Convention shall
he is national. affect the law of a Contracting State relating to
the expulsion of persons from its territory.
4. Any Contracting State, to which a person
is delivered pursuant to Article 9, paragraph 1, Article 15
or in whose territory an aircraft lands following
1. Without prejudice to Article 14, any
the commission of an act contemplated in
person who has been disembarked in
Article 11, paragraph 1, shall immediately make
accordance with Article 8, paragraph 1, or
a preliminary enquiry into the facts.
delivered in accordance with Article 9,
5. When a State, pursuant to this Article, paragraph 1, or delivered in accordance with
has taken a person into custody, it shall Article 9, paragraph 1, or has disembarked
immediately notify the State of registration of after committing an act contemplated in Article
the aircraft and the State of nationality of the 11, paragraph 1, and who desires to continue
detained person and, if it considers it advisable, his journey shall be at liberty as soon as
any other interested State of the fact that such practicable to proceed to any destination of his
person is in custody and of the circumstances choice unless his presence is required by the
which warrant his detention. The State which law of the State of landing for the purpose of
makes the preliminary enquiry contemplated extradition of criminal proceedings.
in paragraph 4 of this Article shall promptly
report its findings to the said States and shall 2. Without prejudice to its law as to entry
indicate whether it intends to exercise and admission to, and extradition and expulsion
jurisdiction. from its territory, a Contracting State in whose
territory a person has been disembarked in
Article 14 accordance with Article 8, paragraph 1, or
delivered in accordance with Article 9,
1. When any person has been disembarked
paragraph 1 or has disembarked and is
in accordance with Article 8, paragraph 1, or
suspected of having committed an act
delivered in accordance with Article 9,
contemplated in Article 11, paragraph 1, shall
paragraph 1, has disembarked after committing
accord to such person treatment which is no
an act contemplated in Article 11, paragraph 1,
less favourable for his protection and security
and when such person cannot or does not
than that accorded to nationals of such
desire to continue his journey and the State of
Contracting State in like circumstances.
137
THE TOKYO CONVENTION, 1963 CHAP. XVI
CHAPTER VI that date is a Member of the United Nations or
of any of the Specialized Agencies.
OTHER PROVISIONS
Article 20
Article 16
1. This Convention shall be subject to
1. Offences committed on aircraft ratification by the signatory States in
registered in a Contracting State shall be treated, accordance with their constitutional
for the purpose of extradition, as if they had procedures.
been committed not only in the place in which
they have occurred but also in the territory of 2. The instruments of ratification shall be
the State of registration of the aircraft. deposited with the International Civil Aviation
Organization.
2. Without prejudice to the provisions of
the preceding paragraph, nothing in this Article 21
Convention shall be deemed to create an
1. As soon as twelve of the signatory States
obligation to grant extradition.
have deposited their instruments of ratification
Article 17 of this Convention, it shall come into force
between them on the ninetieth day after the
In taking any measures for investigation or date of the deposit of the twelfth instrument of
arrest or otherwise exercising jurisdiction in ratification. It shall come into force for each
connection with any offence committed on State ratifying thereafter on the ninetieth day
board an aircraft the Contracting State shall after the deposit of its instrument of ratification.
pay due regard to the safety and other interests
of air navigation and shall so act as to avoid 2. As soon as this Convention comes into
unnecessary delay of the aircraft, passengers force, it shall be registered with the Secretary-
crew or cargo. General of the United Nations by the
International Civil Aviation Organization.
Article 18
Article 22
If Contracting States establish joint air
transport operating organizations or 1. This Covention shall, after it has come
international operating agencies, which operate into force, be open for accession by any State
aircraft not registered in any one State those Member of the United Nations or of any of this
States shall, according to the circumstances of Specialized Agencies.
the case, designate the State among them which
for the purposes of this Convention, shall be 2. The accession of a State shall be effected
considered as the State of registration and by the deposit of an instrument of accession
shall give notice thereof to the International with the international Civil Aviation
Civil Aviation Organization which shall Organization and shall take effect on the
communicate the notice to all States parties to ninetieth day after the date of such deposit.
this Convention.
Article 23
CHAPTER VII
1. Any Contracting state may denounce
FINAL CLAUSES this Convention by notification addressed to
Article 19 the International Civil Aviation Organization.
Until the date on which this Convention 2. Denunciation shall take effect six
comes into force in accordance with the months after the date of receipt by the
provisions of Article 21, it shall remain open International Civil Aviation Organization of
for signature on behalf of any State which at the notification of denunciation.
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CHAP. XVI THE TOKYO CONVENTION, 1963
Article 24 Article 26
1. Any dispute between two or more The International Civil Aviation
Contracting States concerning the Organization shall give notice to all States
interpretation or application of this Convention Members of the United Nations or of any of the
which cannot be settled through negotiation, Specialized Agencies :
shall at the request of one of them, be submitted (a) of any signature of this Convention and
to arbitration. If within six months from the the date thereof;
date of the request for arbitration the Parties
(b) of the deposit of any instrument of
are unable to agree on the organization of the
ratification or accession and the date
arbitration, any one of those Parties may refer
thereof;
the dispute to the International Court of Justice
by request in conformity with the Statute of the (c) of the date on which this Convention
Court. comes into force in accordance with
Article 21, para-graph 1;
2. Each State may at the time of signature (d) of the receipt of any notification of
or ratification of this Convention or accession denunciation and the date thereof; and
thereto declare that its does not consider itself
(e) of the receipt of any declaration or
bound by the preceding paragraph . The other
notification made under Article 24 and
Contracting States shall not be bound by the
the date thereof.
preceding paragraph with respect to any
Contracting State having made such a IN WITNESS WHEREOF the undersigned
reservation. Plenipotentiaries having been duly authorised,
have signed this Convention.
3. Any Contracting State having made a
reservation in accordance with the proceeding DONE at Tokyo on the fourteeth day of
paragraph may at any time withdraw this September One Thousand Nine Hundred and
reservation by notification to the International Sixtythree in three authentic texts drawn up in
Civil Aviation Organization. the English, French and Spanish languages.
This Convention shall be deposited with
Article 25
the International Civil Aviation Organization
Except as provided in Article 24 no with which, in accordance with Article 19, it
reservation may be made to this Convention. shall remain open for signature and the said
Organization shall send certified copies thereof
to all States Members of the United Nations or
of any Specialized Agency.
