Protocol to the Tokyo Convention of 1963: A Legal Triumph or Damp Squib?

Abstract

After lengthy preparation and much deliberation, a Diplomatic Conference under the auspices of ICAO was convened in April 2014 with a view to adopting a Protocol to the Tokyo Convention of 1963 on the subject of unruly passengers. The Conference had various issues for discussion, not the least of which were matters of jurisdiction and enhanced security on board aircraft. The Protocol which was adopted as a result of the Conference was signed by only one fifth of the States participating, where all of Europe and most of North America abstained. Even among the developing States, only a handful signed. It is too early to say whether the new Protocol will suffer the same fate as most treaties adopted under the auspices of ICAO, and be shelved with few ratifications. This article addresses key issues of the Protocol and analyses the major differences between the draft Protocol submitted to the Conference and the final Protocol adopted. It also contains a discussion on the significance of the jurisdictional issues and the relevance of the In-flight Security Officer (IFSO) on board an aircraft and includes a commentary on the issues which faced the Conference and the expectation of States involved. There is also a discussion on a Resolution adopted by the Diplomatic Conference.