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Report No. 156

The Montreal Convention, 1971

10.20. A conference was called by ICAO at Montreal from 8th to 23rd September, 1971. As a result of this conference, a Convention (known as Montreal Convention for The Suppression of Unlawful Acts Against the Safety of Civil Aviation, 1971) was adopted. Article 1 of the Montreal Convention provides that any person commits an offence if he unlawfully and intentionally-

(a) performs an act of violence against a person on board an aircraft if that act is likely to endanger the safety of that aircraft; or destroys an aircraft in service or causes damages to such an aircraft which renders it incapable of flight or it is likely to endanger its safety in flight; or

(c) places or causes to be placed on an aircraft in service, by any means whatsoever, a device or substance which is likely to destroy that aircraft, or to cause damage to it which renders it in capable of flight, or to cause damages air navigation facilities or interferes with that operation, if any act is likely to endanger the safety or aircraft in flight; or

(d) destroys or damages air navigation facilities or interferes with that operation, if any such acts likely to endanger the safety or aircraft in flight; or

(e) communicates information which he knows to be false, thereby endangering the safety of an aircraft in flight.

Besides this, it is further provided that a person also commits an offence if he attempts to commit any of the offences mentioned above or if he is an accomplice of a person who commits or attempts to commit any such offence.

No doubt, under Article 1 of this Convention, the concept of the offence of hijacking was further widened. Under this Convention, the State parties have undertaken that they will provide deterrent punishment to the hijackers. Other provisions are similar to that of the Hague Convention. It would not be wrong to say that it is simply an improvement of the Hague Convention. As a matter of fact, it would have been better if the provisions of Montreal Convention had been adopted as protocol to the Hague Convention.



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