Document ID: chunk:federal_register_of_legislation:C2004A04103:schedule:2:p9
Version: federal_register_of_legislation:C2004A04103
Segment Type: schedule
Provision Reference: sch 2 (pt 9/17)
Character Range: 46578–49299

Parties to this Protocol, the Convention and the Protocol shall be read and interpreted together as one single instrument.

Article II

1.  In Article 1 of the Convention, the following shall be added as new paragraph 1 bis:

  "1 bis. Any person commits an offence if he unlawfully and intentionally, using any device, substance or weapon:

SCHEDULE 1—continued

     (a) performs an act of violence against a person at an airport serving international civil aviation which causes or is likely to cause serious injury or death; or

     (b) destroys or seriously damages the facilities of an airport serving international civil aviation or aircraft not in service located thereon or disrupts the services of the airport,

if such an act endangers or is likely to endanger safety at that airport."

2.  In paragraph 2 (a) of Article 1 of the Convention, the following words shall be inserted after the words "paragraph 1":

  "or paragraph 1 bis".

Article III

In Article 5 of the Convention, the following shall be added as paragraph 2 bis:

  "2 bis. Each Contracting State shall likewise take such measures as may be necessary to establish its jurisdiction over the offences mentioned in Article 1, paragraph 1 bis, and in Article 1, paragraph 2, in so far as that paragraph relates to those offences, in the case where the alleged offender is present in its territory and it does not extradite him pursuant to Article 8 to the State mentioned in paragraph 1 (a) of this Article."

Article IV

This Protocol shall be open for signature at Montreal on 24 February 1988 by States participating in the International Conference on Air Law held at Montreal from 9 to 24 February 1988. After 1 March 1988, the Protocol shall be open for signature to all States in London, Moscow, Washington and Montreal, until it enters into force in accordance with Article VI.

Article V

1. This Protocol shall be subject to ratification by the signatory States.

2. Any State which is not a Contracting State to the Convention may ratify this Protocol if at the same time it ratifies or accedes to the Convention in accordance with Article 15 thereof.

3. Instruments of ratification shall be deposited with the Governments of the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland and the United States of America or with the International Civil Aviation Organization, which are hereby designated the Depositaries.

SCHEDULE 1—continued

Article VI

1. As soon as ten of the signatory States have deposited their instruments of ratification of this Protocol, it shall enter into force between them on the thirtieth day after the date of the deposit of the tenth instrument of ratification.