Статус Конвенции о преступлениях и некоторых других актах, совершаемых на борту воздушных судов (Токио, 14 сентября 1963 года) [рус., англ.]

[неофициальный перевод]

Entry into force: Convention entered into force on 4 December 1969.

Status: 188 Parties.

<1> Reservation: Does not consider itself bound by Article 24, paragraph 1, of the Convention.

<2> On 12 June 1975, a declaration dated 15 May 1975 was deposited with the International Civil Aviation Organization by the Government of the Bahamas indicating that the Bahamas considers itself to be bound to the Tokyo Convention by virtue of the ratification of the United Kingdom and pursuant to customary international law. The Bahamas attained independence on 10 July 1973.

<3> Reservation: «The accession of the State of Bahrain to the Convention shall not be considered or interpreted as recognition of „Israel“ either generally or implicitly under the Convention».

<4> Declaration dated 17 December 1987 by the Byelorussian Soviet Socialist Republic (now the Republic of Belarus) that «the accession of the Byelorussian Soviet Socialist Republic to the Convention on Offences and Certain Other Acts Committed on Board Aircraft does not affect its rights and obligations under agreements in force on the suppression of acts of unlawful interference with civil aviation, to which it is a Party».

<5> An instrument of succession by the Government of the Republic of Bosnia and Herzegovina was deposited with the International Civil Aviation Organization on 7 March 1995, with effect from 6 March 1992.

<6> Declaration dated 21 August 1989 by the People's Republic of Bulgaria (now the Republic of Bulgaria) that «the accession of the People's Republic of Bulgaria to the Convention on Offences and Certain Other Acts Committed on Board Aircraft does not affect its rights and obligations under the multilateral and bilateral agreements on acts of unlawful interference against civil aviation, to which it is a Party».

<7> The instrument of accession contains the following statement: «The Chinese Government declares illegal and null and void the signature and ratification by the Chiang clique usurping the name of China in regard to the above-mentioned Convention».

<8> Notification issued by the Government of the People's Republic of China dated 5 June 1997:

«The Convention... to which the Government of the People's Republic of China deposited its instrument of accession on 14 November 1978, will apply to the Hong Kong Special Administrative Region with effect from 1 July 1997. The Government of the People's Republic of China also makes the following declaration:»

The reservation to Paragraph 1 of Article 24 of the Convention made by the Government of the People's Republic of China when it deposited its instrument of accession on 14 November 1978 will also apply to the Hong Kong Special Administrative Region.

The Government of the People's Republic of China will assume responsibility for the international rights and obligations arising from the application of the Convention to the Hong Kong Special Administrative Region.»

<9> An instrument of succession by the Government of the Republic of Croatia was deposited with the International Civil Aviation Organization on 5 October 1993, with effect from 8 October 1991.

<10> By a Note dated 8 March 1993, received on 25 March 1993, the Government of the Czech Republic informed the International Civil Aviation Organization that, as a successor State created as a result of the dissolution of the Czech and Slovak Federal Republic, it considered itself bound by the Convention with effect from 1 January 1993.

<11> On 31 January 1972, a declaration dated 18 January 1972 was deposited with the International Civil Aviation Organization by the Government of Fiji indicating that Fiji succeeded, upon independence, to the rights and obligations of the United Kingdom in respect of this Convention. Fiji attained independence on 10 October 1970.

<12> The German Democratic Republic, which acceded to the Convention on 10 January 1989, acceded to the Federal Republic of Germany on 3 October 1990.

<13> On 12 December 1989, a declaration dated 16 October 1989 was deposited with the International Civil Aviation Organization by the Government of Hungary whereby that Government withdraws the reservation made at the time of accession on 3 December 1970 with regard to Article 24, paragraph 1, of the Convention. The declaration took effect on 12 December 1989.

<14> Accession by the Republic of Iraq to the Convention shall, however, in no way signify recognition of Israel or entry into any relations with it.

<15> It is understood that the accession to the Convention on Offences and Certain Other Acts Committed on Board Aircraft, done at Tokyo, 1963, does not mean in any way recognition of Israel by the State of Kuwait. Furthermore, no treaty relation will arise between the State of Kuwait and Israel.

<16> «In case of a dispute, all recourse must be made to the International Court of Justice on the basis of the unanimous consent of the parties concerned».

<17> Declaration: «...the Convention, with respect to the Kingdom of the Netherlands, shall not enter into force for Suriname and/or the Netherlands Antilles until the ninetieth day after the date on which the Government of the Kingdom of the Netherlands will have notified ICAO that in Suriname and/or in the Netherlands Antilles the necessary steps for giving effect to the provisions of the above-mentioned Convention have been taken».

On 4 June 1974, a declaration dated 10 May 1974 was deposited with ICAO by the Government of the Kingdom of the Netherlands stating that the necessary steps for giving effect to the provisions of the Convention have been taken in regard to making the Convention applicable to Suriname and the Netherlands Antilles. Accordingly, the Convention took effect for Suriname and the Netherlands Antilles on 2 September 1974. (See also footnote 25)

By a Note dated 30 December 1985 the Government of the Kingdom of the Netherlands informed ICAO that as of 1 January 1986 the Convention is applicable to the Netherlands Antilles (without Aruba) and to Aruba.

The Netherlands Antilles ceased to exist as an autonomous country within the Kingdom of the Netherlands with effect from 10 October 2010. By a note dated 31 August 2011, deposited on 9 September 2011, the Netherlands advised ICAO that, following a modification in the structure of the Kingdom of the Netherlands effective from 10 October 2010, this Convention applies from 10 October 2010 to the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba), Curaçao and Sint Maarten. It applies to the European part of the Netherlands from 12 February 1970 and to Aruba from 1 January 1986.

<18> The accession by the Government of the Sultanate of Oman to the Convention does not mean or imply, and shall not be interpreted as, recognition of Israel generally or in the context of this Convention.

<19> On 15 December 1975, a declaration dated 6 November 1975 was deposited with the International Civil Aviation Organization by the Government of Papua New Guinea indicating that Papua New Guinea desired to be treated as a party in its own right to the Tokyo Convention, which had entered into force for Australia on 20 September 1970 and had applied to the Territory of Papua and Trust Territory of New Guinea. Papua New Guinea attained independence on 16 September 1975.

<20> On 18 June 1997, a declaration dated 30 April 1997 was deposited with the International Civil Aviation Organization by the Government of the Republic of Poland whereby that Government withdraws the reservation made at the time of accession on 19 March 1971 with regard to Article 24, paragraph 1, of the Convention. The declaration took effect on 18 June 1997.

<21> Declaration dated 4 December 1987 by the Union of Soviet Socialist Republics (now the Russian Federation) that «the accession of the Union of Soviet Socialist Republics to the Convention on Offences and Certain Other Acts Committed on Board Aircraft does not affect its rights and obligations under bilateral and multilateral agreements in force on the suppression of acts of unlawful interference with civil aviation, to which it is a Party».

<22> By a Note dated 16 February 1995, received on 20 March 1995, the Government of the Slovak Republic informed the International Civil Aviation Organization that, as a successor State, born from the dissolution of the Czech and Slovak Federal Republic, it considered itself bound by the Convention with effect from 1 January 1993.

<23> An instrument of succession by the Government of the Republic of Slovenia was deposited with the International Civil Aviation Organization on 18 December 1992, with effect from 25 June 1991.

<24> An instrument of succession by the Government of Solomon Islands was deposited with the International Civil Aviation Organization on 23 March 1982, with effect from 7 July 1978.

<25> An instrument of succession was deposited with the International Civil Aviation Organization on 10 September 1979. Prior to that date the provisions of the Convention applied to Suriname by virtue of a declaration dated 10 May 1974 by the Government of the Kingdom of the Netherlands. The Republic of Suriname attained independence on 25 November 1975. (See also footnote 17.)

<26> An instrument of succession by the Government of the former Yugoslav Republic of Macedonia was deposited with the International Civil Aviation Organization on 30 August 1994, with effect from 17 September 1991.

<27> Declaration dated 13 January 1988 by the Ukrainian Soviet Socialist Republic (now Ukraine) that «the accession of the Ukrainian Soviet Socialist Republic to the Convention on Offences and Certain Other Acts Committed on Board Aircraft does not affect its rights and obligations under bilateral and multilateral agreements in force on the suppression of acts of unlawful interference with civil aviation, to which it is a Party».

<28> Reservation: «In accepting the said Convention, the Government of the United Arab Emirates takes the view that its acceptance of the said Convention does not in any way imply its recognition of Israel, nor does it oblige to apply the provisions of the Convention in respect of the said Country».

<29> Declaration: «...the provisions of the Convention shall not apply in regard to Southern Rhodesia unless and until the Government of the United Kingdom informs the International Civil Aviation Organization that they are in a position to ensure that the obligations imposed by the Convention in respect of that territory can be fully implemented».

Note: On 1 December 1982, a declaration dated 12 November 1982 was deposited with the International Civil Aviation Organization stating that the provisions of the Convention shall extend to Anguilla. Accordingly, the Convention takes effect for Anguilla on 1 December 1982.

<30> Statement issued by the Government of the United Kingdom of Great Britain and Northern Ireland, dated 18 June 1997:

«...in accordance with the Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People's Republic of China on the Question of Hong Kong, signed on 19 December 1984, the Government of the United Kingdom will restore Hong Kong to the People's Republic of China with effect from 1 July 1997. The Government of the United Kingdom will continue to have international responsibility for Hong Kong until that date. Therefore, from that date the Government of the United Kingdom will cease to be responsible for the international rights and obligations arising from the application of the Convention to Hong Kong.»

<31> By a Note dated 6 July 1999 deposited with the International Civil Aviation Organization on 7 July 1999, the Government of Portugal informed the International Civil Aviation Organization that, by Presidential Decree No. 130 dated 15 April 1999 and published on 22 April 1999, Portugal extended application of the Tokyo Convention to the Territory of Macao. Accordingly, the Convention took effect for the Territory of Macao on 7 July 1999.

<32> By a Note dated 27 October 1999, the Government of Portugal advised the International Civil Aviation Organization as follows:

«In accordance with the Joint Declaration of the Government of the Portuguese Republic and the Government of the People's Republic of China on the Question of Macao signed on 13 April 1987, the Portuguese Republic will continue to have international responsibility for Macao until 19 December 1999 and from that date onwards the People's Republic of China will resume the exercise of sovereignty over Macao with effect from 20 December 1999.»

From 20 December 1999 onwards the Portuguese Republic will cease to be responsible for the international rights and obligations arising from the application of the Convention to Macao.»

<33> Notification issued by the Government of the People's Republic of China dated 6 December 1999:

«The Convention... to which the Government of the People's Republic of China deposited the instrument of accession on 14 November 1978, will apply to the Macao Special Administrative Region with effect from 20 December 1999. The Government of the People's Republic of China also wishes to make the following declaration:»

The reservation made by the Government of the People's Republic of China to paragraph 1 of Article 24 of the Convention shall also apply to the Macao Special Administrative Region.

The Government of the People's Republic of China shall assume responsibility for the international rights and obligations arising from the application of the Convention to the Macao Special Administrative Region.»

<34> By a Note dated 17 July 2001, deposited on 6 September 2001 with ICAO, the Government of the Federal Republic of Yugoslavia declared itself bound, as a successor State to the Socialist Federal Republic of Yugoslavia, by the provisions of, inter alia, this Convention, with effect from 27 April 1992, the date of State succession. (The former Socialist Federal Republic of Yugoslavia had signed the Convention on 14 September 1963 and ratified it on 12 February 1971).

On 4 February 2003, the name of the State of the Federal Republic of Yugoslavia was changed to Serbia and Montenegro.

Following the Declaration of Independence adopted by the National Assembly of Montenegro on 3 June 2006, the Republic of Serbia advised ICAO by a note dated 13 July 2006 that it continues to exercise its rights and honour its commitments deriving from international treaties concluded by Serbia and Montenegro and requests that the Republic of Serbia be considered a party to all international agreements in force, instead of Serbia and Montenegro.

<35> The instrument of accession by Mozambique contained the following declaration in accordance with article 24, paragraph 2 of the Convention: «The Republic of Mozambique does not consider itself bound by the provisions of Article 24, paragraph 1 of the Convention. In this connection, the Republic of Mozambique states that, in each individual case, the consent of all Parties to such a dispute is necessary for the submission of the dispute to arbitration or to the International Court of Justice.»

<36> On 12 August 2005, the Government of New Zealand deposited the following declaration dated 20 July 2005: «...whereas the Government of New Zealand's accession [on 12 February 1974] implicitly extended to the Cook Islands; and whereas the Cook Islands is a self-governing State in a relationship of free association with New Zealand, and possesses in its own right the capacity to enter into treaties and other international agreements with governments and regional and international organisations; and whereas the Government of the Cook Islands acceded to the Convention in its own right on 11 July 2005; now therefore the Government of New Zealand declares that, by reason of the accession to the Convention by the Government of the Cook Islands, it regards the Government of the Cook Islands as having succeeded to the obligations under the Convention of the Government of New Zealand in respect of the Cook Islands, and further declares that, accordingly, as from the date of the accession to the Convention by the Government of the Cook Islands, the Government of New Zealand ceased to have State responsibility for the observance of the obligations under the Convention in respect of the territory of the Cook Islands.»

<37> Declaration: «At the time of Andorra's accession to the Convention, Andorra does not have an airport or an aerodrome in its territory, although it does have heliports and several helipad areas, and no aircraft are registered in its registers.»

<38> An instrument of succession by the Government of Montenegro was deposited with the International Civil Aviation Organization on 20 December 2007, with effect from 3 June 2006. See also note 34 in respect of Serbia.

<39> On 5 October 2020, Saint Kitts and Nevis deposited instruments of accession to both the Tokyo Convention 1963 and the Montréal Protocol 2014. In accordance with Article XVII, paragraph 3 of the Protocol, ratification, acceptance, approval or accession to the Protocol by any State which is not a Contracting State to the Convention shall have the effect of ratification, acceptance, approval or accession to the Tokyo Convention as amended by the Montréal Protocol 2014. The Convention and the Protocol therefore become effective for Saint Kitts and Nevis on 1 December 2020, i.e., the first day of the second month following the date of the deposit, in accordance with Article XVIII, paragraph 2 of the Protocol.