ICAO’s Latest Efforts to Tackle Legal Issues Arising from Unruly/Disruptive Passengers: The Modernization of the Tokyo Convention 1963

Abstract

Air traffic demand has grown without parallel. Since each day, more and more people travel by air, it may well be expected that more and more incidents involving unruly/disruptive passengers will occur. The international aviation community is experiencing a steady increase in unruly/disruptive passenger incidents. Although these may be attributed to a variety of factors, lack of prosecution and enforcement may also help to explain this emerging phenomenon. Although, the Tokyo Convention is one of the most widely-ratified instruments ever developed under the auspices of ICAO, it presents a number of shortcomings. In order to address this issue, ICAO developed Circular 288, 'Guidance Material on Legal Aspects of Unruly/Disruptive Passengers'. The Circular sets out a model law on certain offences committed on board civil aircraft to be transposed into national legislation by ICAO member States. Unfortunately, the majority of ICAO member States have not implemented the Circular. In 2009, the ICAO Council decided to establish a Secretariat Study Group (STG). Meeting twice in 2011, STG discussed issues involving unruly behavior on board aircraft, the lack of harmonized enforcement procedures, the power of the aircraft commander and the related safeguards, jurisdiction, and the lack of clear definitions or common standards. STG recommended a holistic revision of the Tokyo Convention. On 15 November 2011, the ICAO Council agreed to convene a meeting of the Legal Sub-Committee (22-25 May 2012) to examine a possible modernization of the Tokyo Convention.