Статус Протокола о борьбе с незаконными актами насилия в аэропортах, обслуживающих международную гражданскую авиацию, дополняющего Конвенцию о борьбе с незаконными актами, направленными против безопасности гражданской авиации, принятую в Монреале 23 сентября 1971 года (Монреаль, 24 февраля 1988 года) [рус., англ.]

[неофициальный перевод]

СТАТУС ПРОТОКОЛА О БОРЬБЕ С НЕЗАКОННЫМИ АКТАМИ НАСИЛИЯ В АЭРОПОРТАХ, ОБСЛУЖИВАЮЩИХ МЕЖДУНАРОДНУЮ ГРАЖДАНСКУЮ

23 СЕНТЯБРЯ 1971 ГОДА (МОНРЕАЛЬ, 24 ФЕВРАЛЯ 1988 ГОДА)

(по состоянию на 11 марта 2025 года)

Вступление в силу: 06.08.1989

PROTOCOL FOR THE SUPPRESSION OF UNLAWFUL ACTS OF VIOLENCE AT AIRPORTS SERVING INTERNATIONAL CIVIL AVIATION, SUPPLEMENTARY TO THE CONVENTION FOR THE SUPPRESSION OF UNLAWFUL ACTS AGAINST THE SAFETY OF CIVIL AVIATION, DONE AT MONTREAL ON 23 SEPTEMBER 1971 Signed at Montreal on 24 February 1988

Entry into force: 06.08.1989.

Status: 178 Parties.

This list is based on information received by ICAO or as communicated by the other depositaries, the Governments of the Russian Federation, the United Kingdom and the United States.

<1> An instrument of succession by the Government of Bosnia and Herzegovina to the Protocol was deposited with the Government of the United States on 15 August 1994.

<2> Notification issued by the Government of the People's Republic of China dated 12 June 1997:

«It is provided both in Section XI of Annex 1 to the Joint Declaration, „Elaboration by the Government of the People's Republic of China of its Basic Policies Regarding Hong Kong“, and Article 153 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China... that international agreements to which the People's Republic of China is not a party but which are implemented in Hong Kong may continue to be implemented in the Hong Kong Special Administrative Region.»

In accordance with the above provisions, I am instructed by the Minister of Foreign Affairs of the People's Republic of China to make the following notification: The Protocol... which applies to Hong Kong at present, will continue to apply to the Hong Kong Special Administrative Region with effect from 1 July 1997. Within the above ambit, responsibility for the international rights and obligations of a party to the Protocol will be assumed by the Government of the People's Republic of China.»

The Government of the People's Republic of China made the following reservation at the time of ratification of the Protocol: «the reservation made by the People's Republic of China, when it adhered to the Convention, on paragraph 1 of Article 14 of the „Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation“ done at Montreal on 23 September 1971 is also applicable to this Protocol.»

<3> An instrument of succession by the Government of Croatia to the Protocol was deposited with the Government of the United States on 8 June 1993.

<4> By a Note dated 8 March 1993, received on 25 March 1993, the Government of Czechia 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 Protocol with effect from 1 January 1993.

<5> The Government of Denmark made the following reservation at the time of ratification of the Protocol: «Until later decision, the Protocol will not be applied to the Faroe Islands.»

Note: On 27 September 1994, a declaration dated 22 September 1994 was deposited with the International Civil Aviation Organization by the Government of Denmark whereby that Government withdraws the above reservation, with effect from 1 October 1994.

<6> The Government of France made the following declaration at the time of signature of the Protocol:

«The French Republic recalls the declaration made at the time of its accession to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation of 23 September 1971, when it stated that: „In accordance with Article 14, paragraph 2, the French Republic does not consider itself bound by the provisions of paragraph 1 of that Article under which any dispute between two or more Contracting States concerning the interpretation or application of this Convention which cannot be settled through negotiation, shall, at the request of one of them, be submitted to arbitration. If within six months from the date of the request for arbitration the Parties are unable to agree on the organization of the arbitration, any one of those Parties may refer the dispute to the International Court of Justice by request in conformity with the Statute of the Court.“»

The above declaration is applicable to the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, Supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation of 23 September 1971.»

In addition, the following declaration was made by that Government at the time of ratification:

«In depositing its instrument of ratification of the Protocol of 24 February 1988 for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, Supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation done at Montreal on 23 September 1971, the French Republic recalls and confirms the declaration made at the time of its accession to the said Convention, when it stated that: „In accordance with Article 14, paragraph 2, the French Republic does not consider itself bound by the provisions of paragraph 1 of that Article under which any dispute between two or more Contracting States concerning the interpretation or application of this Convention which cannot be settled through negotiation, shall, at the request of one of them, be submitted to arbitration. If within six months from the date of the request for arbitration the Parties are unable to agree on the organization of the arbitration, any one of those Parties may refer the dispute to the International Court of Justice by request in conformity with the Statute of the Court.“»

The above declaration is applicable to the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, Supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation of 23 September 1971.»

<7> The German Democratic Republic, which ratified the Protocol on 31 January 1989, acceded to the Federal Republic of Germany on 3 October 1990.

<8> It is understood that the ratification of this Protocol does not mean in any way a recognition of Israel by the Government of the State of Kuwait. Furthermore, no treaty relations will arise between the State of Kuwait and Israel.

<9> The Government of the Kingdom of the Netherlands made the following interpretative statement (declaration) at the time of signature of the Protocol:

«The Government of the Kingdom of the Netherlands hereby declares that, in the light of the preamble, it understands the provisions laid down in Articles II and III of the Protocol to signify the following:»

• only those acts which, in view of the nature of the weapons used and the place where they are committed, cause or are likely to cause incidental loss of life or serious injury among the general public or users of international civil aviation in particular, shall be classed as acts of violence within the meaning of the new paragraph 1 bis (a), as contained in Article II of the Protocol;
• only those acts which, in view of the damage which they cause to buildings or aircraft at the airport or their disruption of the services provided by the airport, endanger or are likely to endanger the safe operation of the airport in relation to international civil aviation, shall be classed as acts of violence within the meaning of the new paragraph 1 bis (b), as contained in Article II of the Protocol.»

The instrument of ratification was deposited on 11 July 1995 for the Kingdom in Europe. The declaration made upon signature was reconfirmed and the following reservation made: «The Kingdom of the Netherlands will be bound by the obligation to exercise jurisdiction, as laid down in Article III of the Protocol, only after it has received and rejected a request for extradition from the Contracting State on whose territory the offence was committed.»

By a Note dated 9 September 2010 and deposited on 8 October 2010, the Kingdom of the Netherlands withdrew the aforementioned reservation made for the Kingdom in Europe on 11 July 1995.

On 12 December 2005, the Kingdom of the Netherlands deposited its instruments of ratification of the Protocol for Aruba. The declaration and the reservation made upon signature and ratification for the Kingdom in Europe were reconfirmed for Aruba.

As of 10 October 2010, the Kingdom of the Netherlands extended the Protocol to the Caribbean part of the Netherlands (Bonaire, Sint Eustatius and Saba).

By a note dated 31 August 2011, deposited on 9 September 2011, the Kingdom of the Netherlands advised that, following a modification in the structure of the Kingdom of the Netherlands effective from 10 October 2010, the declaration made upon signature and confirmed upon ratification was also confirmed for the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba). The declaration remains valid for the European part of the Netherlands and Aruba.

On 12 October 2022, an instrument of ratification was deposited by the Kingdom of the Netherlands for Curaçao . At the same time, the Kingdom of the Netherlands made the following declaration for Curaçao :

«- Only those acts which, in view of the nature of the weapons used and the place where they are committed, cause or are likely to cause incidental loss of life or serious injury among the general public or users of international civil law aviation in particular, shall be classed as acts of violence within the meaning of the new paragraph 1 bis (a), as contained in Article II of the Protocol;»

• Only those acts which, in view of the damage which they cause to buildings or aircraft at the airport or their disruption of the services provided by the airport, endanger or are likely to endanger the safe operation of the airport in relation to international civil aviation, shall be classed as acts of violence within the meaning of the new paragraph 1 bis (b), as contained in Article II of the Protocol.»

The Protocol became applicable for Curaçao on 12 October 2022.

<10> By a Note dated 16 February 1995, received on 20 March 1995, the Government of Slovakia 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 Protocol with effect from 1 January 1993.

<11> An instrument of succession by the Government of Slovenia to the Protocol was deposited with the Government of the United Kingdom on 27 May 1992.

<12> An instrument of succession by the Government of the former Yugoslav Republic of Macedonia to the Protocol was deposited with the Government of the United States on 4 January 1995.

<13> The Government of the United Kingdom made the following declaration at the time of ratification of the Protocol: «...the United Kingdom declares that until consultations with various territories under the territorial sovereignty of the United Kingdom are completed, the Protocol will apply in respect of the United Kingdom of Great Britain and Northern Ireland only. Consultations with the territories are in hand and are expected to be completed by the end of 1991.»

<14> Declaration made at the time of ratification by the Isle of Man: «...subsequent to the deposit of the United Kingdom's Instrument of Ratification in the Treaty Archives on 15 November 1990 The Isle of Man, for whose international relations the United Kingdom is responsible and whose Government has informed the Government of the United Kingdom that they wish to participate in the Protocol, has been included under the United Kingdom's ratification of the Protocol... to take effect from 14 February 1997.»

<15> 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 Protocol to Hong Kong.»

<16> 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 Protocol, with effect from 27 April 1992, the date of State succession. (The former Socialist Federal Republic of Yugoslavia had signed the Protocol on 24 February 1988 and ratified it on 21 December 1989.)

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.

<17> In its instrument of accession deposited on 18 July 2002 with ICAO, the Government of the Syrian Arab Republic made the following reservation: «the Syrian Arab Republic will not be bound by paragraph 1 of Article 14 of the Montreal Convention signed on 23 September 1971.»

<18> By a note from the Ambassador of the People's Republic of China to the U.S. Secretary of State, dated 19 September 2002, the People's Republic of China extended the Protocol to the Macao Special Administrative Region of the People's Republic of China.

<19> Declaration: «At the time of Andorra's accession to the Convention and to the Protocol, 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.»

<20> In a note dated 12 December 2006, deposited on 20 December 2006, the Government of Montenegro notified the Government of the United Kingdom its succession to this Protocol and confirmed that the Protocol continues in force for Montenegro with effect from 3 June 2006. See also Note 16 with respect to Serbia.

<21> Saint Kitts and Nevis deposited its instrument of accession to the Montreal Convention of 1971 on 10 September 2008 with the Government of the United States, and its instrument of accession to the Protocol, on 3 September 2008 with the Government of the Russian Federation. In accordance with Article VII, paragraph 2 of the Protocol, any State which is not a party to the Convention may accede to the Protocol at the same time it accedes to the Convention. The Convention and the Protocol therefore became effective for Saint Kitts and Nevis on 10 October 2008, i.e., 30 days following the date of deposit of the instrument of accession to the Convention (10 September 2008).