Статус Протокола, дополняющего Конвенцию о борьбе с незаконным захватом воздушных судов (Пекин, 10 сентября 2010 года) [рус., англ.]

[неофициальный перевод]

СТАТУС ПРОТОКОЛА, ДОПОЛНЯЮЩЕГО КОНВЕНЦИЮ О БОРЬБЕ С НЕЗАКОННЫМ ЗАХВАТОМ ВОЗДУШНЫХ СУДОВ (ПЕКИН, 10 СЕНТЯБРЯ 2010 ГОДА)

(по состоянию на 22 мая 2025 года)

Вступление в силу: 01.01.2018

Entry into force: 01.01.2018.

In accordance with Article XXIII:

1. This Protocol 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 with the Depositary.

2. For each State ratifying, accepting, approving or acceding to this Protocol after the deposit of the twenty-second instrument of ratification, acceptance, approval or accession, this Protocol 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: 35 signatures, 24 ratifications, 31 accessions, 1 acceptance, 1 approval.

Note: Depositary: ICAO.

The Protocol 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.

This Protocol supplements the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at The Hague on 16 December 1970. As between the States Parties to this Protocol, the Convention and this Protocol shall be read and interpreted together as one single instrument and shall be known as The Hague Convention as amended by the Beijing Protocol, 2010.

In accordance with its Article XX, the Protocol shall be open to all States for signature at the Headquarters of ICAO in Monreal until it enters into force.

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

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

Ratification, acceptance, approval of or accession to this Protocol by any State which is not a Party to the Convention shall have the effect of ratification, acceptance, approval of or accession to The Hague Convention as amended by the Beijing Protocol, 2010.

Pursuant to Article XXII, upon ratifying, accepting, approving or acceding to this Protocol, 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 4 of The Hague Convention as amended by the Beijing Protocol, 2010, and immediately notify the Depositary of any change; and

(b) may declare that it shall apply the provisions of subparagraph (d) of paragraph 3 of Article 1 of The Hague Convention as amended by the Beijing Protocol, 2010 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 XXII, paragraph (a) of the Protocol, the Czech Republic announces that it has established its jurisdiction over the offences set forth in Article 1 of the Hague Convention as amended by the 2010 Beijing Protocol in the cases set forth in Article 4, paragraph 2, subparagraphs (a) and (b) of the Hague Convention as amended by the Beijing Protocol.»

<2> Declarations contained in the instrument of ratification:

«1. Saint Lucia is committed to the terms of the Protocol Supplementary to the Convention for the Suppression of Unlawful Seizure of Aircraft;»

2. Saint Lucia expresses its consent to be bound by the Protocol Supplementary to the Convention for the Suppression of Unlawful Seizure of Aircraft.»

<3> Declaration contained in the instrument of ratification:

«The Government of the Republic of Cuba repeats the reservation made on the 4th of October 2001 in relation to Article 12 of the Convention for the Suppression of the Unlawful Seizure of Aircraft adopted by the Hague Conference on the 16th of December 1970, related to the dispute resolution mechanisms derived from the application of the Treaty.»

The Government of the Republic of Cuba considers that any dispute which arises between the Parties should be resolved through direct negotiations using diplomatic channels.»

Declaration upon deposit by diplomatic note, in accordance with Article XXII of the Protocol:

«The Republic of Cuba has established accordance with its national jurisdiction in Article 5, Criminal Code, in relation to Article 4, paragraph 2 of the said Protocol.»

The Republic of Cuba declares that it will apply the provisions of subparagraph (d) of paragraph 3 of Article 1 of the Hague Convention, as amended by the Protocol supplementary to the Convention for the Suppression of Unlawful Seizure of Aircraft 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 Turkey should in no way be construed as implying any obligation on the part of Turkey to enter into any dealing with the countries that Turkey has no diplomatic relations with, within the framework of the said Convention and the Protocol.»

At the time of ratification, Türkiye made the following declaration:

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

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

«In accordance with Article 22 of the Protocol Supplementary to the Convention for the Suppression of Unlawful Seizure of Aircraft (Beijing Protocol) 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(3)(d) of The Hague Convention as amended by the Beijing Protocol, in keeping with the principles of its criminal legislation regarding liability exemptions for family reasons.»

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

«In accordance with Article 22 of the Protocol Supplementary to the Convention for the Suppression of Unlawful Seizure of Aircraft (Beijing Protocol) 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 4(2) of this Protocol, and shall give notification with immediate effect of any changes.»

<6> The instrument of acceptance of the Protocol 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:

«In conformity with Article XXII, under a, of the Beijing Protocol, 2010, the Kingdom of the Netherlands declares, for the European part of the Netherlands and for the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba), that it has, in accordance with Article 4, paragraph 2, of The Hague Convention as amended by the Beijing Protocol, 2010, established jurisdiction under its national law with respect to the offences listed under Article 1 of The Hague Convention as amended by the Beijing Protocol, 2010, in as far as the offence has been committed against a person of Dutch nationality.»

«In conformity with Article XXII, under b, of the Beijing Protocol, 2010, 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 3, under d, of The Hague Convention as amended by the Beijing Protocol, 2010, in accordance with the principles of its criminal law concerning family exemptions from liability.»

<7> At the time of accession Sweden made the following declaration:

«Sweden will apply article 1.3 d in the Convention in accordance with the principles of Swedish criminal law concerning family exemptions of liability.»

<8> Upon ratification of the Protocol, 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 to the provisions of the Protocol Supplementary to the Convention for the Suppression of Unlawful Seizure of Aircraft (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 Protocol as it precludes the realization of the cooperation foreseen by the Protocol between all State Parties, one of which is the Republic of Cyprus, and as such, the said declaration is invalid.»

<9> At the time of ratification, Saudi Arabia made the following declarations:

«1- The Kingdom of Saudi Arabia has jurisdiction over any offence committed in the cases specified in the 1970 Hague International Convention for the Suppression of Unlawful Seizure of Aircraft, Article IV, 2 (a) and (b), as amended by the 2010 Beijing Protocol, in line with Article XXII (a) of the Protocol.»

2- The Kingdom of Saudi Arabia shall implement the provisions of Article 1, 3. (d) of the 1970 Hague Convention for the Suppression of Unlawful Seizure of Aircraft as amended by the 2010 Beijing Protocol, in accordance with its relevant internal regulations.

3- The accession of the Kingdom of Saudi Arabia to the Protocol Supplementary to the 1970 Hague International Convention for the Suppression of Unlawful Seizure of Aircraft shall in no way be interpreted to imply a commitment by the Kingdom of Saudi Arabia to cooperate in any way with countries with which it does not have diplomatic relations, within the framework of the above-mentioned Convention and Protocol.»

<10> Upon accession to the Protocol, the Republic of Finland made the following declarations: «Pursuant to subparagraph (a) of Article XXII of the Protocol, Finland notifies that it has, in accordance with paragraph 2 of Article 4 of The Hague Convention as amended by the Beijing Protocol, 2010, 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 Article XXII of the Protocol, Finland declares that it shall apply the provisions of subparagraph (d) of paragraph 3 of Article 1 of The Hague Convention as amended by the Beijing Protocol, 2010, in accordance with the principles of its criminal law concerning family exemptions from liability».

<11> Upon ratification of the Protocol, the Federal Republic of Germany made the following notification and declaration:

«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 Protocol of 1 0 September 2010 Supplementary to the Convention for the Suppression of Unlawful Seizure of Aircraft of 16 December 1970 (hereinafter referred to as „the Protocol Supplementary“), with reference to paragraph (a) of Article XXII of the Protocol Supplementary, to issue the following notification: „The Federal Republic of Germany has, in accordance with subparagraphs (a) and (b) of paragraph 2 of Article 4 of The Hague Convention as amended by the Beijing Protocol, 2010, 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 paragraph (b) of Article XXII of the Protocol Supplementary, to issue the following declaration: „The Federal Republic of Germany shall apply subparagraph (d) of paragraph 3 of Article 1 of the Convention for the Suppression of Unlawful Seizure of Aircraft, as amended by the Protocol Supplementary of 10 September 2010, in accordance with the principles of its criminal law concerning family exemptions from liability.“ Accept, Mr Secretary-General, the assurance of my high consideration. [signature]»

<12> At the time of accession Singapore made the following declarations and notification:

«Declarations:»

(a) The Republic of Singapore understands that the term «armed conflict» in paragraph 2 of Article 3 bis of the Convention as amended by Article VI of the Protocol, 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 3bisof the Convention as amended by Article VI of the Protocol, the Convention does not apply to:

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

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

(iii) 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.»

Notification:

«Pursuant to paragraph (a) of Article XXII of the Beijing Protocol, the Republic of Singapore notifies that that it has, in accordance with paragraph 2 of Article 4 of the Convention for the Suppression of Unlawful Seizure of Aircraft, signed atThe Hague on 16 December 1970 („The Hague Convention“) as amended by the Beijing Protocol, established jurisdiction under its national law, when an offenceunder Article 1 of The Hague Convention as amendedby the Beijing Protocol iscommitted against a national of the Republic of Singapore or when the offence iscommitted by astateless person whose habitual residence is in the territory of the Republic of Singapore.»

<13> The instrument of ratification by China contains the following declaration:

«Until further notice from the Government of the People's Republic of China, the Protocol Supplementary to the Convention on the Suppression of Unlawful Seizure of Aircraft 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.»

<14> Upon accession to the Protocol, the Slovak Republic made a notification in accordance with Article XXII, paragraph a) of the Protocol. A correction to the said notification was received by the Depositary on 1 March 2024. The notification as corrected reads as follows:

«In accordance with Article XXII, paragraph a) of the Protocol, the Slovak Republic notifies the Depositary of the establishment of the jurisdiction under its national law in accordance with Article 4, paragraph 2, subparagraph a) of the Protocol Supplementary to the Convention for the Suppression of Unlawful Seizure of Aircraft (The Hague Convention) as amended by the Protocol.»

<15> Upon accession to the Protocol, Uruguay made the following declaration:

«[...] the Eastern Republic of Uruguay, in accordance with Article 4 (1) (a) and (b) of The Hague Convention and with the amendments introduced by the 2010 Beijing Protocol, has established jurisdiction with adjustments to its domestic laws, in particular Articles 4 to 6 of Chapter I of Title II of Decree Law No. 14.305 of 29 November 1974». At the time of accession, the Depositary noted this declaration, it being understood that the reference to «Article 4 (1) (a) and (b) of The Hague Convention and with the amendments introduced by the 2010 Beijing Protocol» was meant to be a reference to Article 4 (2) (a) and (b) of the Convention on the Suppression of Unlawful Seizure of Aircraft, signed at The Hague on 16 December 1970 as amended by the Protocol.

<16> Upon accession to the Protocol, the Tunisian Republic issued the following statement:

«- The Tunisian Republic has jurisdiction to try any crime committed as specified in Article 4 (a) and (b) of the Hague Convention for the Suppression of the Unlawful Seizure of Aircraft of 1970 as amended by Article 22(a) of the Beijing Protocol of 2010;»

• The Tunisian Republic applies the provisions of Article 1 (3)(d) of the Hague Convention for the Suppression of the Unlawful Seizure of Aircraft of 1970 as amended by the 2010 Beijing Protocol, in accordance with its domestic regulations in force;
• Accession by the Tunisian Republic to the Protocol Supplementary to the [Hague] Convention for the Suppression of the Unlawful Seizure of Aircraft of 1970 may not in any case be interpreted as a commitment by the Tunisian Republic to cooperate in any way with countries with which it does not have diplomatic relations, this under the Convention and the two aforementioned protocols;»

Upon accession, the Depositary noted this statement, with the understanding that the reference to «Article 4 (a) and (b) of the Hague Convention for the Suppression of the Unlawful Seizure of Aircraft of 1970 as amended by the 2010 Beijing Protocol» was intended to refer to Article 4(2) (a) and (b) of the Convention for the Suppression of Unlawful Seizure of Aircraft signed in The Hague on 16 December 1970, as amended by the Protocol. Further, the Depositary noted that the reference to «the two aforementioned protocols» was intended to refer to the Protocol.

<17> At the time of accession, Namibia made the following declaration and notification:

«Declaration under 1(3)(d)»

Pursuant to subparagraph (b), of Article 22 of the Beijing Protocol 2010, Namibia declares that it shall apply the provisions of subparagraph (d) of paragraph 3 of Article 1 of the Hague Convention 1970 as amended by the Beijing Protocol 2010, in accordance with the principles of its criminal law concerning family exemptions from liability.

Notification under Article 4(2)

Pursuant to subparagraph (a) of Article 22 of the Beijing Protocol 2010, Namibia notifies that it has, in accordance with paragraph 2 of Article 4 of the Hague Convention 1970 as amended by the Beijing Protocol 2010, 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 who habitual residence is in the territory of Namibia.»