MONTREAL - The Protocol to amend the Montreal Convention on Offenses and Certain Other Acts Committed on Board Aircraft that was drafted in Montreal on April 4 2014 has entered into force on January 1, 2020.
The Montreal Protocol 2014 amends the Convention on Offenses and Certain Other Acts Committed on Board Aircrafts, which was concluded in Tokyo on 19/09/1963 (Tokyo Convention, 1963).
In this regard, the ICAO Secretary General said that the protocol addresses the issue of the escalation of incidents involving unruly and disruptive behavior on board aircraft, introducing significant improvements to the ability of States to extend jurisdiction over offences and other relevant acts to cover the Operator State and the landing country.
She added that the protocol would also strengthen provisions related to aviation security globally by legally acknowledging the powers of security guards on board aircraft and giving them legal protection.
The amendment came in response to the status quo
The idea of this amending protocol to the convention came in response to the current situation of international civil aviation, and as a response to the escalating severity and increasing numbers of incidents related to the lack of discipline of some passengers on board aircraft, and the threat that this poses to the safety and security of aircraft, passengers and crew. As a result, consideration had to be given to the possibility of bypassing voluntary measures and moving forward to draft a global framework in the form of an international instrument to secure safe, secure and regular flights.
It is noteworthy that the Montreal Protocol of 2014 included amendment of all issues related to the definition of crimes and identification of behaviors that jeopardize good order on board the aircraft and the criminalization of its perpetrators. It further provided for the expansion of the jurisdiction of illegal acts committed on board the aircraft thus including the country of registration of the aircraft and the landing state.
In addition, the protocol granted the authority to take preventive measures to both the captain and the on board security guard, against any suspects. In addition, the protocol grants immunity to the pilot and all of its crew, its security guard, the owner, operator, and passengers, from prosecution in cases brought by the person against whom those preventive measures were undertaken.
The protocol addresses other matters, including all the shortcomings contained in some provisions of the Tokyo Convention in relation to offences committed on board the aircraft.
The accession of Arab states to this protocol constitutes support and affirmation of their position regarding the security and safety of international civil aviation.