ICAO CIRCULAR 288 [ Active ]

THE PURPOSE OF THE LIST

A uniform list of offences is considered desirable for two reasons: firstly, in order to provide a common denominator for offences as a basis for national prosecution; and, secondly, in order to offer uniform criteria for States to extend their respective jurisdiction.

The movement of aircraft across national borders means that they will be subject to the laws and regulations of different jurisdictions. Due to the diversity of laws and regulations, an act or omission which is regarded as an offence in one jurisdiction may not be so regarded in another jurisdiction. When suspected offenders are to be prosecuted in a State where a foreign aircraft has landed, the question may arise whether their acts or omissions constitute offences not only in the State of landing but also in the State of registry of the aircraft and in the State where the acts or omissions occurred. Accordingly, it was considered useful by the Study Group to establish a list of offences that would be regarded as a common denominator. Such a uniform list will be instrumental for the purpose of incorporating the relevant offences into States' respective national laws or regulations allowing prosecution and application of sanctions.

Since the jurisdiction over unruly passengers will sometimes involve extraterritorial elements, the State of landing may encounter certain difficulties in ascertaining the scope of its jurisdiction. A uniform list of offences will therefore assist the relevant States, particularly the State where an aircraft lands with the suspected offender on board, in determining its basis for jurisdiction.