j u r i s d i c t i o n
677
The Tokyo Convention applies to both general offences and acts which,
whether or not they are offences, may or do jeopardise the safety of the
aircraft or of persons or property therein or which jeopardise good order
and discipline on board. It provides for the jurisdiction of the contracting
state over aircraft registered therein while the aircraft is in flight, or on the
surface of the high seas or on any other area outside the territory of any
state. Contracting states are called upon to take the necessary measures to
establish jurisdiction by municipal law over such aircraft in such circum-
stances. In addition, the Convention permits interference with an aircraft
in flight in order to establish criminal jurisdiction over an offence com-
mitted on board in certain specific circumstances by contracting states
not being the state of registration. The circumstances specified are where
the offence has effect on the territory of such state; has been committed
by or against a national or permanent resident of such state; is against the
security of such state; consists of a breach of any rules or regulations re-
lating to the flight or manoeuvre of aircraft in force in such state or where
the exercise of jurisdiction is necessary to ensure the observance of any
obligation of such state under a multilateral international agreement.
149
No obligation to extradite is provided for.
The Hague Convention provides that any person who, on board an
aircraft in flight, is involved in the unlawful seizure of that aircraft (or
attempts the same), commits an offence which contracting states under-
take to make punishable by severe penalties. Each contracting state is to
take such measures as may be necessary to establish its jurisdiction over
the offence or related acts of violence when the offence is committed on
board an aircraft registered in that state, when the aircraft in question
lands in its territory with the alleged offender still on board or when
the offence is committed on board an aircraft leased without a crew to a
lessee who has his principal place of business, or if the lessee has no such
place of business, his permanent residence, in that state. The Convention
also provides that contracting states in the territory of which an alleged
offender is found must either extradite or prosecute him.
The Montreal Convention contains similar rules as to jurisdiction and
extradition as the Hague Convention but is aimed at controlling and pun-
ishing attacks and sabotage against civil aircraft in flight and on the ground
149
Article 4. See S. Shuber,
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