Corporate criminal liability in the realm of aviation security: the 2010 BEIJING convention in focus

Abstract

The most important reason for the establishment of the International Civil Aviation Organization (ICAO) in 1943 is to adopt measures, practices and procedures to secure international civil aviation against unlawful interference. This objective has been the module oparandi of the ICAO in order not to disappoint the international community. Thus, starting from 1963 to date various international instruments on aviation security have been adopted by the international community under the ICAO auspices to secure international civil aviation. The ICAO adopted a new Convention in 2010 to deal with the old and new threat of aviation terrorism. The provision relating to the liability of corporate legal entity is captured for the purpose of prosecuting any corporate legal entity that complicit in any of the act of unlawful interference with civil aviation. This article intends to critically analyse the actual provision of the Convention on the criminal liability of a corporate legal entity, and to determine the reason behind the inclusion of this provision in the Convention. The paper further examines the form of punishments that may be imposed on an erring corporate legal entity for its participation in any unlawful interference with civil aviation. The paper advocates for the imposition of punishment such as dissolution of company, corporate lockup, fine and adverse publicity of corporate wrongdoing as form of punishments against any legal entity for committing any unlawful act.