Grzegorz Zając Ph D International European and Polish

Grzegorz Zając, Ph. D. International, European and Polish security regulations. Tokyo-Hague-Montreal system. Lecture Aviation Law and Organizations, WSIZ Rzeszów 2013/2014

Aviation security • Aviation security – action at international level, to prevent acts against civil aviation. All such acts are illegal and considered as an international crime. • For the illegal acts shall be deemed to be: seizure of an aircraft, unlawful acts threatening the safety of aviation, and of persons and property in connection with the aviation activity. © Dr Grzegorz Zając, 2013/2014

International regulations in aviation security Chicago convention provisions: Article 64. Security arrangements „The Organization may, with respect to air matters within its competence directly affecting world security, by vote of the Assembly enter into appropriate arrangements with any general organization set up by the nations of the world to preserve peace”. © Dr Grzegorz Zając, 2013/2014

Annex 17 • It was adopted on 22 March 1974 pursuant to article 37 of the Chicago convention. • There were 8 editions of this Annex and 11 changes to it. • The last change is dated of 2006 and supersedes all previous editions. © Dr Grzegorz Zając, 2013/2014

Annex No 17 • Contains, among others. basic standards of prevention against terrorist attacks • It has been assumed that each Member State shall establish procedures to prevent lodging in any way on board of an aircraft of weapons, explosives or other dangerous devices, which can be used to carry out attacks. © Dr Grzegorz Zając, 2013/2014

Basic definitions - security Acts of unlawful interference: means acts or attempted acts such as to jeopardize the safety of civil aviation and air transport, i. e. : (1) unlawful seizure of aircraft in flight; (2) unlawful seizure of aircraft on the ground; (3) hostage-taking on board aircraft or on aerodromes; (4) forcible intrusion on board an aircraft, at an airport or on the premises of an aeronautical facility; (5) introduction on board an aircraft or at an airport of dangerous goods or prohibited items intended for criminal purposes; and (6) communication of false information such as to jeopardize the safety of an aircraft in flight or on the ground, of passengers, crew, ground personnel or the general public, at an airport or on the premises of a civil aviation facility. © Dr Grzegorz Zając, 2013/2014

Prohibited articles: - means weapons, explosives or other dangerous devices, articles or substances that may be used to commit an act of unlawful interference that jeopardises the security of civil aviation Each region or country may impose more stringent rules than those mentioned above. © Dr Grzegorz Zając, 2013/2014

• State regulations concern general matters but the detailed information on prohibited items on board airplane is available at airports or at air carriers. • The list made by them must be consulted with the State authorities and must be in compliance with a country’s national security programme. • Each country must have such a programme – according to Annex 17 and other standards (i. e. EU regulations). © Dr Grzegorz Zając, 2013/2014

A disruptive passenger: There are no international definitions in this issue. However, EU has adopted a definition (Regulation 300/2008) which means „a passenger who is either a deportee, a person deemed to be inadmissible for immigration reasons or a person in lawful custody”. Airlines provide additional elements that indicate that a person might be a potentially disruptive passenger, if he is: Source: http: //cmstraining. net/home/index. php? option=com_content&task=view&id=19 &Itemid=28. a) Acting in a manner likely to endanger an aircraft or any person on board, b) Causing or permitting an aircraft to endanger persons or property c) Entering an aircraft while drunk or being drunk on an aircraft © Dr Grzegorz Zając, 2013/2014

CODIFICATION OF AVIATION SECURITY – INTERNATIONAL AND EUROPEAN STANDARDS © Dr Grzegorz Zając, 2013/2014

• The intensification of acts of aviation terrorism in the world in the 1950 s. and 60. of the 20 th century resulted in the need to combat this phenomenon. • In this connection three conventions were adopted aimed at preventing and combating terrorist acts and other illegal acts against civil aviation. © Dr Grzegorz Zając, 2013/2014

These conventions are: 1) Convention on offences and certain other acts committed on board an aircraft from 14 September 1963, known also as Tokyo convention (Dz. U, 1971, No. 15, point 147) 2) Convention for the suppression of unlawful seizure of aircraft from 16 December 1970, known as Hague Convention (Dz. U. , 1972, No. 25, point 181); 3) Convention for the suppression of unlawful acts against the safety of civil aviation from 23 September 1971 known as Montreal Convention (Dz. U. , 1976, No. 8, point 37). 3 international agreements create so-called „Tokyo-Hague-Montreal system” © Dr Grzegorz Zając, 2013/2014

Tokyo Convention: In accordance with article 1 par. 1 the Convention shall apply to: (a) offences against penal law; (b) acts which, whether or not they are offences, may or do jeopardize the safety of the aircraft or of persons of property therein or which jeopardize good order and discipline on board. The convention indicates what are the powers of aircraft commander (article 6): a) 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 offence or act contemplated in Article 1 par. 1, impose upon such person reasonable measures including restrain (…) to protect the safety of the aircraft or of persons of property therein; or to maintain good order and discipline on board; or to deliver such person to competent authorities or to disembark him. © Dr Grzegorz Zając, 2013/2014

Hague convention: According to article 1 „Any person who on board an aircraft in flight: a) unlawfully, by force or threat thereof, or by any other form of intimidation, seizes, or exercises control of, that aircraft, or attempts to perform any such act, or b) is an accomplice of a person who performs or attempts to perform any such act commits an offence. • The above mentioned crime shall be deemed to be applied only on board an aircraft which is „in flight”. © Dr Grzegorz Zając, 2013/2014

Montreal convention: • Exhaustively indicates the acts defined as offences. • Lists five such acts (article 1 par. 1): 1) 2) 3) 4) 5) an act of violence against a person on board an aircraft in flight if that act is likely to endanger the safety of that aircraft; or destroying an aircraft in service or causing damage to such an aircraft which renders it incapable of flight or which is likely to endanger its safety in flight; placing or causing to be placed on an aircraft in service, by any means whatsoever, a device or substance which is likely to destroy that aircraft, or to cause damage to it which renders it incapable of flight, or to cause damage to it which is likely to endanger its safety in flight; or destroying or damaging air navigation facilities or interfering with their operation, if any such act is likely to endanger the safety of aircraft in flight; communicating information which the person knows to be false, thereby endangering the safety of an aircraft in flight. © Dr Grzegorz Zając, 2013/2014

• The Montreal Protocol of 1988 added two more acts carried out in airports. 1) performing 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 2) destroying or seriously damaging the facilities of an airport serving international civil aviation or aircraft not in service located thereon or disrupting the services of the airport, if such an act endangers or is likely to endanger safety at that airport. © Dr Grzegorz Zając, 2013/2014

THANK YOU! © Ph. D. Grzegorz Zając, 2013/14.