Document ID: chunk:federal_register_of_legislation:C2024C00427:schedule:10:p1
Version: federal_register_of_legislation:C2024C00427
Segment Type: schedule
Provision Reference: sch 10 (pt 1/3)
Character Range: 160541–163404

Schedule 10—Protocol relating to an amendment to the Convention on International Civil Aviation signed at Montreal on 10 May 1984

Section 4

THE ASSEMBLY OF THE INTERNATIONAL CIVIL AVIATION ORGANIZATION

   HAVING MET in its Twenty‑fifth Session (Extraordinary) at Montreal on 10 May 1984,
   HAVING NOTED that international civil aviation can greatly help to create and preserve friendship and understanding among the nations and peoples of the world, yet its abuse can become a threat to general security,
   HAVING NOTED that it is desirable to avoid friction and to promote that co‑operation between nations and peoples upon which the peace of the world depends,
   HAVING NOTED that it is necessary that international civil aviation may be developed in a safe and orderly manner,
   HAVING NOTED that in keeping with elementary considerations of humanity the safety and the lives of persons on board civil aircraft must be assured,
   HAVING NOTED that in the Convention on International Civil Aviation done at Chicago on the seventh day of December 1944 the contracting States
      —recognize that every State has complete and exclusive sovereignty over the airspace above its territory,
      —undertake, when issuing regulations for their state aircraft, that they will have due regard for the safety of navigation of civil aircraft, and
      —agree not to use civil aviation for any purpose inconsistent with the aims of the Convention,
   HAVING NOTED the resolve of the contracting States to take appropriate measures designed to prevent the violation of other States' airspace and the use of civil aviation for purposes inconsistent with the aims of the Convention and to enhance further the safety of international civil aviation,
   HAVING NOTED the general desire of contracting States to reaffirm the principle of non‑use of weapons against civil aircraft in flight,
   1. DECIDES that it is desirable therefore to amend the Convention on International Civil Aviation done at Chicago on the seventh day of December 1944,
   2. APPROVES, in accordance with the provision of Article 94 (a) of the Convention aforesaid, the following proposed amendment to the said Convention:
    Insert, after Article 3, a new Article 3 bis:

"Article 3 bis
    (a) The contracting States recognize that every State must refrain from resorting to the use of weapons against civil aircraft in flight and that, in case of interception, the lives of persons on board and the safety of aircraft must not be endangered. This provision shall not be interpreted as modifying in any way the rights and obligations of States set forth in the Charter of the United Nations.
    (b) The contracting States recognize that every State, in the exercise of its sovereignty, is entitled to require the landing at some designated airport of a civil aircraft flying above its