Статус Конвенции о борьбе с незаконными актами в отношении международной гражданской авиации (Пекин, 10 сентября 2010 года) [рус., англ.]

[неофициальный перевод]

СТАТУС КОНВЕНЦИИ

(по состоянию на 22 мая 2025 года)

Вступление в силу: 01.07.2018

Entry into force: 1 July 2018

In accordance with Article 22:

1. This Convention shall enter into force on the first day of the second month following the date of the deposit of the twenty-second instrument of ratification, acceptance, approval or accession.

2. For each State ratifying, accepting, approving or acceding to this Convention after the deposit of the twenty-second instrument of ratification, acceptance, approval or accession, this Convention shall enter into force on the first day of the second month following the date of the deposit by such State of its instrument of ratification, acceptance, approval or accession.

Status: 34 signatures, 25 ratifications, 29 accessions, 1 acceptance, 1 approval.

Note: Depositary: ICAO.

The Convention was adopted on 10 September 2010 by the International Conference on Air Law held under the auspices of ICAO at Beijing from 30 August to 10 September 2010. In accordance with its Article 21, the Convention shall be open to all States for signature at the Headquarters of ICAO in Montréal until it enters into force.

After signature, the Convention is subject to ratification, acceptance or approval.

Any State which does not ratify, accept or approve this Convention may accede to it at any time.

Pursuant to paragraph 4 of Article 21, upon ratifying, accepting, approving or acceding to this Convention, each State Party:

(a) shall notify the Depositary of the jurisdiction it has established under its national law in accordance with paragraph 2 of Article 8, and immediately notify the Depositary of any change; and

(b) may declare that it shall apply the provisions of subparagraph (d) of paragraph 4 of Article 1 in accordance with the principles of its criminal law concerning family exemptions from liability.

<1> Declaration made upon signature and presented with the instrument of ratification:

«Pursuant to Article 21, paragraph 4, subparagraph (a) of the Convention, the Czech Republic announces that it has established its jurisdiction over the offences set forth in Article 1 of the Convention in the cases set forth in Article 8, paragraph 2, subparagraphs (a) and (b) of the Convention.»

<2> Declarations contained in the instrument of ratification:

«1. In accordance with Article 20, paragraph 2 of the Convention, the Government of Saint Lucia does not consider itself bound by the arbitration procedures established under Article 20 paragraph 1 of the Convention;»

2. That the explicit expressed consent of the Government of Saint Lucia would be necessary for any submission of any dispute to arbitration to the International Court of Justice.»

<3> Reservation contained in the instrument of ratification:

«The Republic of Cuba declares that, by virtue of paragraph 2 of Article 20 of the Convention, it does not consider itself bound by the provisions of paragraph 1 of this article related to the settlement of disputes which may arise between two or more State parties about the interpretation or application of this Convention and the referral of these disputes to the International Court of Justice, since it considers that these should be resolved through friendly negotiations between the State Parties.»

Declarations made at the time of ratification:

«The Republic of Cuba has established its national jurisdiction in Article 5 of its Criminal Code related to the provisions of Article 8, paragraph 2 of the aforementioned Convention;»

The Republic of Cuba also declares that it shall apply the provisions of Article 1 paragraph 4(d) in accordance with the principles of its criminal law and national legislation.»

<4> At the time of signature, Türkiye made the following declaration:

«Signing of the Convention on the Suppression of Unlawful Acts Relating to International Civil Aviation (2010) and the Protocol Supplementary to the Convention for the Suppression of Unlawful Seizure of Aircraft (2010) by the Republic of Türkiye should in no way be construed as implying any obligation on the part of Türkiye to enter into any dealing with the countries that Türkiye has no diplomatic relations with, within the framework of the said Convention and the Protocol.»

Upon ratification of the Convention, Türkiye made the following reservation and declaration, respectively:

«The Government of the Republic of Türkiye declares that it does not consider itself bound by the Article 20, Paragraph 1 of the Convention on the Suppression of Unlawful Acts Relating to International Civil Aviation, 2010.»

«Signing of the Convention on the Suppression of Unlawful Acts Relating to International Civil Aviation, 2010, by the Republic of Türkiye should in no way be construed as implying any obligation on the part of Türkiye to enter into any dealing with the countries that Türkiye has no diplomatic relations with, within the framework of the said Convention.»

<5> The following statement was issued upon ratification of the Convention:

«Pursuant to Article 21(4) of the Convention on the Suppression of Unlawful Acts Relating to International Civil Aviation (Beijing Convention of 2010) adopted on 10 September 2010 in Beijing, China, the Government of the Republic of Côte d'Ivoire declares that it will apply the provisions of Article 1(4)(d) in keeping with the principles of its criminal legislation regarding liability exemptions for family reasons.»

Upon ratification of the Convention, the Republic of Côte d'Ivoire notified the International Civil Aviation Organization of the following:

«In accordance with Article 21(4) of the Convention on the Suppression of Unlawful Acts Relating to International Civil Aviation (Beijing Convention of 2010) adopted on 10 September 2010 in Beijing, China, the Government of the Republic of Côte d'Ivoire informs the Secretary General of the International Civil Aviation Organization that the Republic of Côte d'Ivoire has established its jurisdiction over offenses committed under Article 8(2) of this Convention, and shall give notification with immediate effect of any changes.»

<6> The instrument of acceptance of the Convention deposited by the Kingdom of the Netherlands on 17 March 2016 was for the European part of the Netherlands and the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba). The instrument was accompanied by the following declarations:

«With reference to Article 10 of the Convention, the Kingdom of the Netherlands declares, for the European part of the Netherlands and the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba), that this article is understood to also encompass the right of the prosecuting authorities to decline to prosecute if compelling reasons of a procedural nature would render effective prosecution impossible.»

«In conformity with Article 21, paragraph 4, under a, of the Convention, the Kingdom of the Netherlands declares, for the European part of the Netherlands and the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba), that it has, in accordance with Article 8, paragraph 2 of the Convention, established jurisdiction under its national law with respect to the offences listed under Article 1 of the Convention in as far as the offence has been committed against a person of Dutch nationality.»

«In conformity with Article 21, paragraph 4, under b, of the Convention, the Kingdom of the Netherlands declares, for the European part of the Netherlands and the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba), that it shall apply the provisions of Article 1, paragraph 4, under d, of the Convention in accordance with the principles of its criminal law concerning family exemptions from liability.»

<7> Declaration made at the time of accession:

«The Kingdom of Bahrain does not consider itself bound by the provisions of paragraph (1) of Article (20) of the convention.»

<8> At the time of accession Sweden made the following declaration:

«Sweden will apply article 1.4 d in the Convention in accordance with the principles of Swedish criminal law concerning family exemptions of liability.»

<9> Upon ratification of the Convention, the Republic of Cyprus made the following declaration: «The Republic of Cyprus objects to the declaration deposited by the Republic of Turkey at the time of signature of the instrument on 18 September 2013, registered at the Secretariat General of the International Civil Aviation Organization, limiting the implementation of the provisions of the Convention on the Suppression of Unlawful Acts relating to International Civil Aviation (2010) only to the States with which the Republic of Turkey has diplomatic relations. The aforesaid declaration is contrary to the object and purpose of the Convention as it precludes the realization of the cooperation foreseen by the Convention between all State Parties, one of which is the Republic of Cyprus, and as such, the said declaration is invalid.»

<10> Upon accession to the Convention, the Republic of Finland made the following declarations: «Pursuant to subparagraph (a) of paragraph 4 of Article 21 of the Convention, Finland notifies that it has, in accordance with paragraph 2 of Article 8 of the Convention, established jurisdiction under its national law, when the offence is committed against a national of Finland as well as when the offence is committed by a stateless person whose habitual residence is in the territory of Finland; and Pursuant to subparagraph (b) of paragraph 4 of Article 21 of the Convention, Finland declares that it shall apply the provisions of subparagraph (d) of paragraph 4 of Article 1 in accordance with the principles of its criminal law concerning family exemptions from liability».

<11> Reservation contained in the instrument of accession:

«The Republic of Honduras does not consider itself to be bound by the provisions of Article 20 (1) of the Convention for the Suppression of Unlawful Acts Relating to International Civil Aviation regarding any dispute between two or more States Parties concerning the interpretation or application of this Convention. This is in conformity with the stipulations of Article 20 (2) of the Convention.»

<12> Upon ratification of the Convention, the Federal Republic of Germany made the following notification and declarations:

«Mr Secretary General, I have the honour, on behalf of the Federal Republic of Germany, in connection with the deposit of the instrument of ratification to the Convention of 10 September 2010 on the Suppression of Unlawful Acts Relating to International Civil Aviation (hereinafter referred to as „the Convention“), and with reference to subparagraph (a) of paragraph 4 of Article 21 of the Convention, to issue the following notification: „The Federal Republic of Germany has, in accordance with subparagraphs (a) and (b) of paragraph 2 of Article 8, established its jurisdiction under its national law, in particular under Section 7 (1) and (2) 2 of the Criminal Code of the Federal Republic of Germany.“ I furthermore have the honour, on behalf of the Federal Republic of Germany, with reference to Article 21, paragraph 4, subparagraph (b) of the Convention, to issue the following declaration:»

«The Federal Republic of Germany shall apply the provisions of subparagraph (d) of paragraph 4 of Article 1 in accordance with the principles of its criminal law concerning family exemptions from liability.» I furthermore have the honour, on behalf of the Federal Republic of Germany, with reference to Declaration No.2 issued by Saint Lucia on 12 September 2012 upon deposit of its instrument of ratification to the Convention, to issue the following declaration: «The Federal Republic of Germany regards Declaration No.2 issued by Saint Lucia on 12 September 2012 upon deposit of its instrument of ratification to the Convention of 10 September 2010 on the Suppression of Unlawful Acts Relating to International Civil Aviation (hereinafter referred to as „Declaration No.2“) exclusively as a reservation in accordance with paragraph 2 of Article 20 of the Convention. Should Saint Lucia, with Declaration No.2, be making a further-reaching reservation, which cannot be excluded given the wording of Declaration No. 2, the Federal Republic of Germany raises an objection against the reservation going beyond paragraph 2 of Article 20 of the Convention, because it is incompatible both with the object and purpose of the Convention and with general principles of international law. This objection shall not preclude the entry into force of the Convention between the Federal Republic of Germany and Saint Lucia.» Accept, Mr Secretary General, the assurance of my high consideration. [signature]»

<13> At the time of accession Singapore made the following reservation, declarations and notification:

«Reservation:»

Pursuant to paragraph 2 of Article 20 of the Convention, the Republic of Singapore declares that it does not consider itself bound by paragraph 1 of Article 20 of the Convention.

Declarations:

(a) The Republic of Singapore understands that the term «armed conflict» in paragraph (h)(a)(ii) of Article 2 and paragraph 2 of Article 6 of the Convention does not include internal disturbances and tensions, such as riots, isolated and sporadic acts of violence, and other acts of a similar nature.

(b) The Republic of Singapore understands that, under Article 6 of the Convention, the Convention does not apply to:

(i) The military forces of a state in the exercise of their official duties;

(i) Civilians who direct or organize the official activities of military forces of a state; or

(ii) Civilians acting in support of the official activities of the military forces of a state, if the civilians are under the formal command, control, and responsibility of those forces.

(c) The Republic of Singapore understands Article 10 of the Convention to include the right of competent authorities to decide not to submit any particular case for prosecution before the judicial authorities if the alleged offender is dealt with under national security and preventive detention laws.»

Notification:

«Pursuant to paragraph 4(a) of Article 21 of the Beijing Convention, the Republic of Singapore notifies that it has, in accordance with paragraph 2 of Article 8 of the Beijing Convention, established jurisdiction under its national law, when an offence under Article 1 of the Beijing Convention is committed against a national of the Republic of Singapore or when the offence is committed by a stateless person whose habitual residence is in the territory of the Republic of Singapore.»

(14) At the time of accession, the Russian Federation made the following reservations:

«(1) The Russian Federation shall consider it an offence under Article 1, paragraph 1 (i) (4) of the Convention for any person unlawfully and intentionally to carry, to commit acts giving rise to the carriage or facilitation of the carriage on board an aircraft of equipment, materials or software or related technology, if such equipment, materials or software or related technology fall within the scope of any international agreements to which the Russian Federation is party, in particular the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction of 13 January 1993, and the multilateral export control regimes to which the Russian Federation is party, such as the Nuclear Suppliers Group, the Missile Technology Control Regime, the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies, as well as lists (or checklists) of controlled goods and technologies approved in accordance with the legislation of the Russian Federation;»

(2) The Russian Federation declares, in accordance with Article 20, paragraph 2 of the Convention, that it does not consider itself bound by the provisions of Article 20, paragraph 1 of the Convention».

Moreover, at the time of accession, the Russian Federation also made the following declaration:

«The Russian Federation proceeds on the basis that the concept of „without delay“ contained in Article 16, paragraph 2 of the Convention shall not preclude the implementation of the necessary procedural steps in accordance with the legislation of the Russian Federation».

<15> Upon ratification of the Convention, the People's Republic of China made the following declaration and notification, respectively:

«1. The People's Republic of China does not consider itself bound by the provisions of paragraph 1 of Article 20 of the Beijing Convention;»

2. Until further notice from the Government of the People's Republic of China, the Beijing Convention does not apply to the Hong Kong Special Administrative Region of the People's Republic of China and the Macao Special Administrative Region of the People's Republic of China.»

<16> Upon accession to the Convention, the Slovak Republic made the following notification:

«In accordance with Article 21, paragraph 4, subparagraph a) of the Convention, the Slovak Republic notifies the Depositary of the establishment of its jurisdiction under its national law in accordance with Article 8, paragraph 2 of the Convention».

<17> Upon accession to the Convention, the Tunisian Republic issued the following reservation:

The Tunisian Republic issues the following reservation regarding the second sentence of Article 20 (1) of the Convention on the Suppression of Unlawful Acts Relating to International Civil Aviation adopted in Beijing on 10 September 2010:

If within six months from the date of the request for arbitration the Parties are unable to agree on proceedings for arbitration, any of the Parties may refer the dispute to the International Court of Justice by submitting a request to that effect in conformity with the Statute of the Court.

<18> At the time of accession, Namibia made the following notification and declaration:

«Notification under Article 21(4)(a)»

Pursuant to subparagraph (a), paragraph 4 of Article 21 of the Beijing Convention 2010, Namibia notifies that it has, in accordance with paragraph 2 of Article 8 of the said Convention, established jurisdiction under its national law, when the offence is committed against a national of Namibia as well as when the offence is committed by a stateless person whose habitual residence is in the territory of Namibia.

Declaration under Article 21(4)(b)

Pursuant to subparagraph (a), paragraph 4 of Article 21 of the Beijing Convention 2010, Namibia declares that it shall apply the provisions of subparagraph (d) of paragraph 4 of Article 1 of the said Convention in accordance with the principles of its criminal law concerning family exemptions from liability.»

<19> At the time of accession, the United Arab Emirates made the following reservation:

«The Government of the United Arab Emirates, in accordance with paragraph (2) of article (20) of the Convention, hereby reserves the right to exclude the application of paragraph (1) of article (20).»