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RESOLUTION ON UNRULY PASSENGERS
RESOLUTION FRAMED BY THE LEGAL COMMISSION
AND RECOMMENDED FOR ADOPTION BY THE ASSEMBLY
Resolution 34/1
Adoption of National Legislation On Certain Offences Committed
on Board Civil Aircraft (Unruly/disruptive Passengers)

            The Assembly:

            Recognizing that, under the Preamble and Article 44 of the Convention on International Civil Aviation, one of the aims and objectives of the Organization is to foster the planning and development of international air transport so as to meet the needs of the peoples of the world for safe, regular, efficient and economical air transport;

            Noting the increase of the number and gravity of reported incidents involving unruly or disruptive passengers on board civil aircraft;

            Considering the implications of these incidents for the safety of the aircraft and the passengers and crew on board these aircraft;

            Mindful of the fact that the existing international law as well as national law and regulations in many States are not fully adequate to deal effectively with this problems;

            Recognizing the special environment of aircraft in flight and inherent risks connected therewith, as well as the need to adopt adequate measures of national law for the purpose of enabling States to prosecute criminal acts and offences constituting unruly or disruptive behaviour on board aircraft;

            Encouraging the adoption of national legal rules enabling States to exercise jurisdiction in appropriate cases to prosecute criminal acts and offences constituting unruly or disruptive behaviour on board aircraft registered in other States;

            Therefore:

            Urges all Contracting States to enact as soon as possible national law and regulations to deal effectively with the problem of unruly or disruptive passengers, incorporating so far as practical the provisions set out in the Appendix to this Resolution; and

            Calls on all Contracting States to submit to their competent authorities for consideration of prosecution all persons whom they have a reasonable ground to consider as having committed any of the offences set out in the national laws and regulations so enacted, and for which they have jurisdiction in accordance with these laws and regulations.

APPENDIX
Model Legislation on Certain Offences Commited
on Board Civil Aircraft

            Section 1 : Assault and Other Acts of Interference against a Crew Member on board a Civil Aircraft

            Any person who commits on board a civil aircraft any of the following acts thereby commits an offence:

                    (1) assault, intimidation or threat, whether physical or verbal, against a crew member, if such act interferes with the performance of the duties of the crew member or lessens the ability of the crew member to perform those duties;

                    (2) refusal to follow a lawful instruction given by the aircraft commander, or on behalf of the aircraft commander by a crew member, for the purpose of ensuring the safety of the aircraft or of any person or property on board or for the purpose of maintaining good order and discipline on board.

            Section 2 : Assault and Other Acts Endangering Safety or Jeopardizing Good Order and Discipline on Board a Civil Aircraft

                    (1) Any person who commits on board a civil aircraft an act of physical violence against a person or of sexual assault or child molestation thereby commits an offence.

                    (2) Any person who commits on board a civil aircraft any of the following acts thereby commits an offense if such act is likely to endanger the safety of the aircraft or of any person on board or if such act jeopardizes the good order and discipline on board the aircraft:

                            (a) assault, intimidation or threat, whether physical or verbal, against another person;

                            (b) intentionally causing damage to, or destruction of, property;

                            (c) consuming alcoholic beverages or drugs resulting in intoxication.

            Section 3 : Other Offences Committed on Board a Civil Aircraft
Any person who commits on board a civil aircraft any of the following acts thereby commits an offence:

                    (1) smoking in a lavatory, or smoking elsewhere in a manner likely to endanger the safety of the aircraft;

                    (2) tampering with a smoke detector or any other safety-related devices on board the aircraft;

                    (3) operating a portable electronic device when such act is prohibited.

            Section 4 : Jurisdiction

                    1. The jurisdiction of (Name of State) shall extend to any offence under Sections 1, 2, or 3 of this Act if the act constituting the offence took place on board:

                            (1) any civil aircraft registered in (Name of State); or

                            (2) any civil aircraft leased with or without crew to an operator whose principal place of business is in (Name of State) or, if the operator does not have a principal place of business, whose permanent residence is in (Name of State); or

                            (3) any civil aircraft on or over the territory of (Name of State); or

                            (4) any other civil aircraft in flight outside (Name of State), if

                                    (a) the next landing of the aircraft is in (Name of State); and

                                    (b) the aircraft commander has delivered the suspected offender to the competent authorities of (Name of State), with the request that the authorities prosecute the suspected offender and with the affirmation that no similar request has been or will be made by the commander or the operator to any other State.

            2. The term "in flight" as used in this section means the period from the moment when power is applied for the purpose of take-off until the moment when the landing run ends.

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