Tokyo, Hague, Montreal and Warsaw: which treaty is which

Free lesson · Air Regulations · DGCA CPL and ATPL

Case files land on your desk. Stamp the treaty that deals with each, then see what each convention protects and how long it takes to leave one.

Which treaty applies to this event?

Which treaty?

Eight case files land on your desk. Read each one and press the stamp of the treaty that deals with it.

Crime treaties punish attacks on aviation. Compensation treaties decide who pays. Read the case, then press a stamp.

Crime treaties punish attacks on aviation. Compensation treaties decide who pays. Read the case, then press a stamp.
Tokyo 1963
on board
Hague 1970
hijacking
Montreal 1971
sabotage
Beijing 2010
new threats
Rome 1952
damage on the ground
Warsaw / Montreal 1999
passenger claims
Cape Town 2001
aircraft finance
Mid-flight, a passenger turns violent and threatens the cabin crew. The captain has him restrained until landing.
Offences on board, and what the captain may do about them, are the Tokyo Convention. The State where the aircraft is registered has jurisdiction.
An armed man forces his way into the cockpit and orders the crew to fly to another country.
Seizing an aircraft by force is hijacking: the Hague Convention. Countries must punish it severely and extradite the offender.
Before departure, someone hides a device in the hold of an airliner, meant to destroy it in flight.
Placing a device on board that is likely to destroy or damage an aircraft is sabotage: Montreal 1971.
A passenger is injured on an international flight and claims compensation from the airline.
Claims by passengers (and for baggage or cargo) against the airline: the Warsaw Convention, or Montreal 1999 which aims to replace it.
A foreign aircraft crashes on landing approach and damages houses and cars on the ground.
Damage to people or property on the ground, caused by a foreign aircraft: the Rome Convention. The operator is liable, up to a limit based on the aircraft's weight.
Attackers use a cyber attack to break into air navigation systems.
Beijing 2010 brought the unlawful-acts treaties up to date, covering cyber attacks on navigation and safety systems, and biological and chemical threats.
A bank lends an airline the money to buy new engines and wants its rights in them recorded internationally.
Rights of lenders in aircraft and engines (mobile equipment), recorded in an International Registry: the Cape Town Convention.
Someone deliberately damages a radio navigation aid near an airport, putting aircraft in flight at risk.
Destroying or damaging air navigation facilities is one of the offences Montreal 1971 added.
Crimes against aviation
tokyo
hague
montreal71
beijing
Who pays, and for what
warsaw
rome
capetown

Memory hook: In date order the crimes grow: on board (1963), seizing the aircraft (1970), sabotage (1971).

Takeaway: Hague for hijacking, Montreal 1971 for sabotage, Tokyo for offences on board; Warsaw or Montreal 1999 for passengers, Rome for the ground.

What does the Tokyo Convention cover?

Tokyo 1963

Offences on board, who has jurisdiction, and the commander's powers.

Tokyo Convention 1963 offences on board The treaty about crimes and unruly behaviour on board. Signed in Tokyo on 14 September 1963, and India has ratified it.
- Scope Art. 1 What the Convention covers, and what it leaves out.
  - Penal offences Crimes under criminal (penal) law committed on board.
  - Acts against safety or order Acts that put the aircraft's safety, or good order and discipline on board, at risk, even if they are not crimes.
  - Excluded aircraft military, customs, police It does not apply to aircraft used for military, customs or police work.
  - Political offences Art. 2 Nothing in it allows action for offences of a political kind, or based on racial or religious discrimination.
- Two meanings of 'in flight' Arts 1 and 5 A trap: 'in flight' means two different things depending on which part of the Convention you are reading.
  - Jurisdiction rules power on to end of landing run For deciding who has legal power over an offence: from the moment power is applied for take-off until the landing run ends.
  - Commander's powers doors closed to doors open For the captain's powers: from the moment all outside doors are closed after boarding until one is opened. After a forced landing, until the authorities take over.
- Jurisdiction Arts 3 and 4 Jurisdiction means the legal power to deal with an offence. Who has it for offences on board?
  - State of registration Art. 3 The country where the aircraft is registered can deal with offences committed on board.
  - Another State may interfere only if Art. 4, five cases Another country may step in only in five cases: the offence affects its territory; involves its citizen or resident; is against its security; breaks its flight rules; or a treaty requires it.
- Commander's powers Arts 6 and 7 For the captain's powers: from the moment all outside doors are closed after boarding until one is opened. After a forced landing, until the authorities take over.
  - Reasonable measures and restraint Art. 6 With reasonable grounds, the captain may take reasonable steps, including restraining a person, to protect safety, keep order, or hand the person to the authorities.
  - Crew required, passengers requested Art. 6(2) The captain may order crew to help, but may only ask passengers, not order them.
  - Restraint ends at landing, unless Art. 7, three cases Restraint stops at landing, except in three cases: a non-member country refuses to let the person off; a forced landing leaves no authority to take over; or the person agrees to be carried on.
  - Notify before landing Art. 7(2) If possible before landing, the captain tells that country's authorities that a restrained person is on board, and why.

Takeaway: Registry State has jurisdiction. Commander may restrain, require crew help, request passenger help, and notify before landing.

What does each other convention protect?

Other conventions

Private air law beyond Warsaw and Montreal 1999.

Convention	What it covers	Key points	India
Warsaw 1929	International carriage by air for reward	Ticket, baggage check in duplicate, 152 States	Ratified
Warsaw ticket	Contents	Place and date of issue, departure and destination, stopping places, carrier, liability statement	—
Hague Protocol 1955	Amends Warsaw	Part of the Warsaw family	Ratified
Guadalajara 1961	Amends Warsaw	Part of the Warsaw family	Not ratified
Guatemala City 1971	Amends Warsaw	Part of the Warsaw family	Not ratified
Carriage by Air Act 1972	Indian law on carriers' rights and liabilities	Amended 2009	Indian Act
Rome 1952	Damage to people or property on the ground	Liability limited by aircraft weight; insurance compulsory; foreign judgements recognised	Not ratified
Montreal Protocol 1978	Amends Rome	Covers an operator living in another Contracting State	—
Geneva 1948	Rights in aircraft	Protects lenders and sellers who still own part of an aircraft sold on hire purchase, lease or mortgage	—
Cape Town 2001	International interests in aircraft equipment	Certain, prompt enforcement to encourage aircraft finance	Ratified 2008
Montreal 1991	Marking of plastic explosives	Signed 1 March 1991, for detection	Ratified

Takeaway: Warsaw family for carriers, Rome for people on the ground, Geneva and Cape Town for those who finance aircraft.

How long does it take to leave a convention?

Leaving a convention

Written notice to ICAO as depositary, which informs every other State.

Montreal 1999 The carrier liability convention has the shorter notice period. Reference: Art. 54(2).
Tokyo, Hague, Montreal 1971, Protocol 1988, Beijing Every security-related convention uses 6 months' notice. Articles: Tokyo 25(2), Hague 15(2), Montreal 1971 17(2), Protocol 1988 10(2), Beijing 25(2).
Written notice to ICAO A country leaves a treaty by writing to ICAO, which keeps the treaty, and ICAO then tells every other member.

Takeaway: Security conventions: 6 months. Montreal 1999 carrier liability: 90 days. Always in writing, always to ICAO.