per la soppressione dei sequestri illeciti di
aeromobile, firmata all'Aja il 16 dicembre 1970
for the Suppression of Unlawful Seizure of Aircraft
(The Hague, 16 December 1970)
THE STATES PARTIES to this Convention,
CONSIDERING that unlawful acts of seizure or exercise
control of aircraft in flight jeopardize the safety of persons and
property, seriously affect the operation of air services, and undermine
the confidence of the peoples of the world in the safety of civil
CONSIDERING that the occurrence of such acts is a
of grave concern;
CONSIDERING that, for the purpose of deterring such
acts, there is an urgent need to provide appropriate measures for
punishment of offenders;
HAVE AGREED AS FOLLOWS:
Any person who on board an aircraft in flight:
- unlawfully, by force or threat thereof, or by any
other form of intimidation, seizes, or exercises control of, that
aircraft, or attempts to perform any such act, or
- is an accomplice of a person who performs or
to perform any such act commits an offence (hereinafter referred to as
Each Contracting State undertakes to make the offence
punishable by severe penalties.
- For the purposes of this Convention, an aircraft is
considered to be in flight at any time from the moment when all its
external doors are closed following embarkation until the moment when
any such door is opened for disembarkation. In the case of a forced
landing, the flight shall be deemed to continue until the competent
authorities take over the responsibility for the aircraft and for
persons and property on board.
- This Convention shall not apply to aircraft used in
military, customs or police services.
- This Convention shall apply only if the place of
take-off or the place of actual landing of the aircraft on board which
the offence is committed is situated outside the territory of the State
of registration of that aircraft; it shall be immaterial whether the
aircraft is engaged in an international or domestic flight.
- In the cases mentioned in Article 5, this
shall not apply if the place of take-off and the place of actual
landing of the aircraft on board which the offence is committed are
situated within the territory of the same State where that State is one
of those referred to in that Article.
- Notwithstanding paragraphs 3 and 4 of this Article,
Articles 6, 7, 8, and 10 shall apply whatever the place of take-off or
the place of actual landing of the aircraft, if the offender or the
alleged offender is found in the territory of a State other than the
State of registration of that aircraft.
- Each Contracting State shall take such measures as
may be necessary to establish its jurisdiction over the offence and any
other act of violence against passengers or crew committed by the
alleged offender in connection with the offence, in the following
- when the offence is committed on board an
aircraft registered in that State;
- when the aircraft on board which the offence is
committed lands in its territory with the alleged offender still on
- when the offence is committed on board an
aircraft leased without 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.
- Each Contracting State shall likewise take such
measures as may be necessary to establish its jurisdiction over the
offence in the case where the alleged offender is present in its
territory and it does not extradite him pursuant to Article 8 to any of
the States mentioned in paragraph 1 of this Article.
- This Convention does not exclude any criminal
jurisdiction exercised in accordance with national law.
The Contracting States which establish joint air
transport operating organizations or international operating agencies,
which operate aircraft which are subject to joint or international
registration shall, by appropriate means, designate for each aircraft
the State among them which shall exercise the jurisdiction and have the
attributes of the State of registration for the purpose of this
Convention and shall give notice thereof to the International Civil
Aviation Organization which shall communicate the notice to all States
Parties to this Convention.
- Upon being satisfied that the circumstances so
warrant, any Contracting State in the territory of which the offender
or the alleged offender is present, shall take him into custody or take
other measures to ensure his presence. The custody and other measures
shall be as provided in the law of that State but may only be continued
for such time as is necessary to enable any criminal or extradition
proceedings to be instituted.
- Such State shall immediately make a preliminary
enquiry into the facts.
- Any person in custody pursuant to paragraph 1 of
Article shall be assisted in communicating immediately with the nearest
appropriate representative of the State of which he is a national.
- When a State, pursuant to this Article, has taken a
person into custody, it shall immediately notify the State of
registration of the aircraft, the State mentioned in Article 4,
paragraph 1(c), the State of nationality of the detained person and, if
it considers it advisable, any other interested States of the fact that
such person is in custody and of the circumstances which warrant his
detention. The State which makes the preliminary enquiry contemplated
in paragraph 2 of this Article shall promptly report its findings to
the said States and shall indicate whether it intends to exercise
The Contracting State in the territory of which the
alleged offender is found shall, if it does not extradite him, be
obliged, without exception whatsoever and whether or not the offence
was committed in its territory, to submit the case to its competent
authorities for the purpose of prosecution. Those authorities shall
take their decision in the same manner as in the case of any ordinary
offence of a serious nature under the law of that State.
- The offence shall be deemed to be included as an
extraditable offence in any extradition treaty existing between
Contracting States. Contracting States undertake to include the offence
as an extraditable offence in every extradition treaty to be concluded
- If a Contracting State which makes extradition
conditional on the existence of a treaty receives a request for
extradition from another Contracting State with which it has no
extradition treaty, it may at its option consider this Convention as
the legal basis for extradition in respect of the offence. Extradition
shall be subject to the other conditions provided by the law of the
- Contracting States which do not make extradition
conditional on the existence of a treaty shall recognize the offence as
an extraditable offence between themselves subject to the conditions
provided by the law of the requested State.
- The offence shall be treated, for the purpose of
extradition between Contracting States, as if it had been committed not
only in the place in which it occurred but also in the territories of
the States required to establish their jurisdiction in accordance with
Article 4, paragraph 1.
- When any of the acts mentioned in Article 1(a) has
occurred or is about to occur, Contracting States shall take all
appropriate measures to restore control of the aircraft to its lawful
commander or to preserve his control of the aircraft.
- In the cases contemplated by the preceding
any Contracting State in which the aircraft or its passengers or crew
are present shall facilitate the continuation of the journey of the
passengers and crew as soon as practicable, and shall without delay
return the aircraft and its cargo to the persons lawfully entitled to
- Contracting States shall afford one another the
greatest measure of assistance in connection with criminal proceedings
brought in respect of the offence and other acts mentioned in Article
4. The law of the State requested shall apply in all cases.
- The provisions of paragraph 1 of this Article shall
not affect obligations under any other treaty, bilateral or
multilateral, which governs or will govern, in whole or in part, mutual
assistance in criminal matters.
Each Contracting State shall in accordance with its
national law report to the Council of the International Civil Aviation
Organization as promptly as possible any relevant information in its
- the circumstances of the offence;
- the action taken pursuant to Article 9;
- the measures taken in relation to the offender or
alleged offender, and, in particular, the results of any extradition
proceedings or other legal proceedings.
- 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.
- Each State may at the time of signature or
ratification of this Convention or accession thereto, declare that it
does not consider itself bound by the preceding paragraph. The other
Contracting States shall not be bound by the preceding paragraph with
respect to any Contracting State having made such a reservation.
- Any Contracting State having made a reservation in
accordance with the preceding paragraph may at any time withdraw this
reservation by notification to the Depositary Governments.
- This Convention shall be open for signature at The
Hague on 16 December 1970, by States participating in the International
Conference on Air Law held at The Hague from 1 to 16 December 1970
(hereinafter referred to as The Hague Conference). After 31 December
1970, the Convention shall be open to all States for signature in
Moscow, London and Washington. Any State which does not sign this
Convention before its entry into force in accordance with paragraph 3
of this Article may accede to it at any time.
- This Convention shall be subject to ratification by
the signatory States. Instruments of ratification and instruments of
accession shall be deposited with the Governments of the Union of
Soviet Socialist Republics, the United Kingdom of Great Britain and
Northern Ireland, and the United States of America, which are hereby
designated the Depositary Governments.
- This Convention shall enter into force thirty days
following the date of the deposit of instruments of ratification by ten
States signatory to this Convention which participated in The Hague
- For other States, this Convention shall enter into
force on the date of entry into force of this Convention in accordance
with paragraph 3 of this Article, or thirty days following the date of
deposit of their instruments of ratification or accession, whichever is
- The Depositary Governments shall promptly inform
signatory and acceding States of the date of each signature, the date
of deposit of each instrument of ratification or accession, the date of
entry into force of this Convention, and other notices.
- As soon as this Convention comes into force, it
be registered by the Depositary Governments pursuant to Article 102 of
the Charter of the United Nations and pursuant to Article 83 of the
Convention on International Civil Aviation (Chicago, 1944).
- Any Contracting State may denounce this Convention
written notification to the Depositary Governments.
- Denunciation shall take effect six months following
the date on which notification is received by the Depositary
IN WITNESS WHEREOF the undersigned Plenipotentiaries,
being duly authorised thereto by their Governments, have signed this
DONE at The Hague, this sixteenth day of December, one
thousand nine hundred and seventy, in three originals, each being drawn
up in four authentic texts in the English, French, Russian and Spanish