Trofimova T.A.,

master of jurisprudence Begzhan A.M.

Al-Farabi Kazakh National University

International practice of fight with acts of unlawful interference in activity of International civil aviation

Enlargement of acts of unlawful interference in activity of International civil aviation started from the end of 60^th years of XX century.

It was expressed in seizures and highjackings of aircrafts for flights to abroad, explosions of aircrafts, and in using of aircraft

s, seized by as a weapon by terrorists, directed to destruction of important objects on the land on the 11^th September 2001.

Leading organs of International civil aviation such as ICAO (International civil aviation organization), based on the Chicago Convention 1944 year produced Annex 17 Security. This Annex establishes organizational principles and rules, which all states-parties of ICAO and air companies must observe.

There are measures, undertaking for prevention of access to irrelevant people to the restricted areas of airports and to the board of aircrafts. Also all attempts of carrying all kinds of weapon and explosive devices to the board are prevented.

With this aim each state produces aviation security programs, and airports and air companies accepts complex of measures and rules for its realization basing on it.

As a result security system is introduced, including the rules of permit, screening and observation for people, baggage, cargo to restricted areas of airports, and, also access them on board of aircraft and rules of their transportation including rules of behavior during time of flight.

Specially says about rights of captain on using necessary measures directed to safety of flight. These measures produced gradually as the growth of threats on international conferences and conventions adopted by them.

So, the Tokyo Convention on Offences and certain other Acts Committed on board Aircraft 1963 gave jurisdiction to the State of registration of an aircraft in the event of offences and criminal acts committed on board. The aircraft commander and others were also authorized to prevent criminal acts on board and send such person to competent authorities or to disembark him in accordance with the provisions of the Convention.

In the case of an attempted or actual hijacking the States which signed up to the Convention are obliged to take all appropriate measures to maintain control of the aircraft to its lawful commander or to preserve his control of it.

The Tokyo Convention governs offences and other acts that occur on board aircraft in flight. Convention agreed the rules governing the action to be taken in the case of hijacking.

The Tokyo Convention shall apply in respect of offences committed or acts done by a person on board any aircraft registered in a Contracting State, while that aircraft is in flight or on the surface of the high seas or of any other area outside the territory of any State [1].

Article 3 says that the State of registration of the aircraft is competent to exercise jurisdiction over offences and acts committed on board [2].

Also the Tokyo Convention describes the powers and duties of the aircraft commander, who has final authority as to the disposition of the aircraft while in command.

The aircraft commander may, when he has reasonable grounds to believe that a person has committed, or is about to commit, on board the aircraft, an illegal act impose upon such person reasonable measures including restraint which are necessary: to protect the safety of the aircraft, or of persons or property therein; to maintain good order and discipline on board; to enable him to deliver such person to competent authorities or to disembark him in accordance with the provisions of the Convention [3].

Other crew members may be required to assist as necessary. Passengers may only be asked to help. In a case of hijacking, the obligation of a State is the provision of navaids and landing clearance. A Contracting State must take measures for the safety of passengers subject to unlawful interference until their journey can safely be continued.

The Hague Convention for the Suppression on Unlawful Seizure of Aircraft 1970 and gave definition the Act of Unlawful Seizure of Aircraft. The Contracting States undertook to make such offences punishable strictly.

The Convention contained detailed requirements on the establishment of jurisdiction by States over the offence, on the taking of the offender into custody and on the prosecution or extradition of the offender. The Hague Convention detailed the rules of establishing of jurisdiction over offenders.

The Montreal Convention for the Suppression of Unlawful Acts against the safety of Civil Aviation was held in 1971. The Convention is primarily concerned with acts other than hijacking. It defines a wide spectrum of unlawful acts against the safety of civil aviation. The Convention contains detailed requirements on jurisdiction, and for the custody, prosecution and extradition of the offender. The Montreal Convention detailed threats for aircraft as during the time of flight, as on the another stages.

The Rome Convention first signed in 1933, modified in 1952. This Convention considers with damage caused by foreign aircraft to third parties on the surface. It includes the principle of absolute liability of the aircraft operator for damage caused to third parties on the surface but determines a limitation on the amount of compensation. It also provides for the compulsory recognition and execution of foreign judgements. The Rome Convention defines and limits the liability of a carrier to people on the ground.

ICAO Annex 17 sets down rules in order to establish security measures for passengers, checked baggage, cabin baggage, cargo and other goods, access control and airport design.

Aims and objectives of Aviation Security

The aim of aviation security is to protect international civil aviation operations against acts of unlawful interference. When formulating procedures to deal with unlawful interference the primary objective must be the safety of passengers, crew, ground personnel and the general public.

The State

Each Contracting State must establish an organization, develop plans and detailed procedures, which together ensure a standardized level of security for the operation of international flights in normal operating conditions and which are capable of rapid expansion to meet any increased security threat.

An authority within the state’s administration must be designated and notified to ICAO as responsible for development, implementation and maintenance of the national aviation security program.

A National Aviation Security Committee must be established to coordinate operations between the state organizations, aircraft and airport operators and anyone else involved.

Airports

States must ensure that each international airport has a written security program, an Airport Security Committee responsible for implementing it and adequate supporting resources made available to it. States must ensure that airports are designed with security requirements in mind.

Operators

The State must ensure that its operators have established, implemented and maintained a written operator security program.

Also states establish that it is the operator’s responsibility to ensure:

· Unlawful acts are reported immediately

· Personnel comply with security programs

· All aircraft carry a search procedure checklist

· All flight deck doors are lockable and secure

Unlawful interference

Each Contracting State in which an aircraft subjected to an act of unlawful interference has landed shall notify by the most expeditious means the State of Registry of the aircraft and the State of the Operator of the landing and shall similarly transmit by the most expeditious means all other relevant information to:

· the two above-mentioned States;

· each State whose citizens suffered fatalities or injuries;

· each State whose citizens were detained as hostages;

· each State whose citizens are known to be on board the aircraft; and

· the International Civil Aviation Organization [4].

The list of references

[1] Article 2 of Convention on Offences and certain other Acts Committed on board Aircraft, signed at Tokyo on 14th September 1963 http://kenyalaw.org/treaties/treaties/66/index.php?id=398

[2] Article 3 of Convention on Offences and certain other Acts Committed on board Aircraft, signed at Tokyo on 14th September 1963 http://kenyalaw.org/treaties/treaties/66/index.php?id=398

[3] Article 6 of Convention on Offences and certain other Acts Committed on board Aircraft, signed at Tokyo on 14th September 1963 http://kenyalaw.org/treaties/treaties/66/index.php?id=398

[4] 5.2.5 Annex 17, Security — Safeguarding International Civil Aviation Against Acts of Unlawful Interference http://aviationknowledge.wikidot.com/aviation:icao-annex-17:security:safeguarding-international-c