Beijing Protocol to enter into force following Uganda's ratification

On 28 November 2017, Uganda deposited an instrument of ratification for the Protocol Supplementary to the Convention for the Suppression of Unlawful Seizure of Aircraft, done at Beijing on 10 September 2010.

 

Mr. J. W Kabbs Twijuke, Representative of Uganda to ICAO (centre-right) and Mr. Fred K. Bamwesigye, the Civil Aviation Authority of Uganda’s Director for Human Resources and Administration (far right), were present for Uganda. The Secretary General of ICAO, Dr. Fang Liu (centre), presided over the deposit ceremony. Mr. Benoît Verhaegen, Acting Director of ICAO’s Legal Affairs and External Relations Bureau (centre-left), and Mr. Mathieu Vaugeois, Legal Assistant at the Bureau (far left), also attended.

 

The Beijing Protocol requires ratification, acceptance, approval or accession by twenty-two States to enter into force, and the deposit by the Republic of Uganda constitutes the twenty-second deposit. Therefore, in accordance with its Article XXIII, paragraph 1, the Protocol shall enter into force on 1 January 2018, being the first day of the second month following the date of deposit.

 

The Beijing Protocol supplements the Convention for the Suppression of Unlawful Seizure of Aircraft, done at The Hague on 16 December 1970 (The Hague Convention, 1970). To this end, the Protocol expands the scope of The Hague Convention to cover different forms of aircraft hijackings, including through modern technological means.

 

At the same occasion, Uganda also deposited an instrument of ratification for the following international air law instruments:

 

  • Convention on the International Recognition of Rights in Aircraft, signed at Geneva on 19 June 1948;
  • Convention on Damage Caused by Foreign Aircraft to Third Parties on the Surface, signed at Rome on 7 October 1952;
  • Convention for the Unification of Certain Rules for International Carriage by Air, done at Montreal on 28 May 1999;
  • Convention on the Suppression of Unlawful Acts Relating to International Civil Aviation,
    done at Beijing on 10 September 2010;
  • Protocol to Amend the Convention on Offences and Certain Other Acts Committed on Board Aircraft, done at Montréal on 4 April 2014.

 

With the Republic of Uganda depositing an instrument of ratification to the Beijing Convention, the said Convention needs only one more instrument of ratification, acceptance, approval or accession to enter into force, in accordance with its Article 22, paragraph 1.

 

The Beijing Convention modernizes and consolidates the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal on 23 September 1971 (Montreal Convention, 1971) and 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, done at Montreal on 23 September 1971, signed at Montreal on 24 February 1988 (Supplementary Protocol, 1988).

 

Both the Beijing Convention and Beijing Protocol are the result of collective efforts of the international community to modernize the legal framework for aviation security. These efforts began in 2001 pursuant to the adoption of ICAO Assembly Resolution A33-1 which directed the Council and the Secretary General to act urgently to address the new and emerging threats to civil aviation, in particular to review the adequacy of the existing aviation security conventions. By criminalizing a number of acts constituting new and emerging threats against civil aviation, including certain preparatory acts for the offences, these instruments will strengthen the capacity of States to prevent the commission of these offences, and to prosecute and punish those who commit such offences. The Convention and the Protocol will also contribute to the implementation of the United Nations Global Counter Terrorism Strategy adopted on 8 September 2006 by enhancing the global treaty regime on counter-terrorism.

 

By Resolution A39-10, the ICAO Assembly urges all States to sign and ratify these two instruments. 

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