In the period from 26 March to 4 April 2014, at the headquarters of the International Civil Aviation Organization in Montreal was held the Diplomatic Conference. The main purpose of convening a Diplomatic Conference by the Council of ICAO was the modernization of the Tokyo Convention on Offences and certain other Acts Committed on Board Aircraft signed on 14 September 1963 in Tokyo (Journal of Laws of 1971 No. 15, item. 147). Poland on this highly important event have been represented by Dr. Małgorzata Polkowska - Polish Permanent Representative on the Council of ICAO and Mr. Piotr Rychlik - Secretary in the Ministry of Foreign Affairs of the Republic of Poland.
The Diplomatic Conference was divided into various committees: Resolution Committee, In-Flight Security Officers (IFSO) Committee, Jurisdiction Working Group, Drafting Committee and Preamble Committee that were tasked to clarify respective amendments in the protocol. Delegation of Poland was a part of the Resolution Committee and Observers during the IFSO Committee Session. Later, these groups gathered in the Assembly Hall to discuss their respective topics for acceptance and approval by States. The States agreed to the changes despite some raised concerns and reached the compromise in the most of contentious issues. It needs to be highlighted that some of the decision were taken by a majority of votes.
The conference was opened by the President of ICAO Council, Dr. Benard Olumuyiwa Aliu, who welcomed delegations gathered from around the world. In his speech Dr. Aliu outlined the objectives of the Conference and wished fruitful deliberations. He also gave words of sympathy to the families of the passengers of the Malaysian plane that went missing on 8 March. After accepting the agenda for the meeting the presidents and vice presidents of the conference were selected. Dr. Polkowska has been selected the IV vice president of the conference. The most controversial matters discussed during the conference were issues related to In-Flight Security Officers (IFSO (Art. 6 and 10 of Protocol Amending the Convention) and the Jurisdiction od States.
Dr. Polkowska presenting the Polish position on the new basis of jurisdiction in favor of the proposed foundations expressed the position for the optional nature of the new basis and in the case of a consensus of delegates for their mandatory nature, proposed introduction to the Tokyo Convention, the principle aut dedere aut iudicare analogously as in the Hague Convention of 1970 and the Montreal Convention of 1971. This position was divided by a various of EU States.
In regard of IFSO Polish Delegation was in favor of second proposed option because of its closer approach of the spirit of Tokyo Convention implemented already in many national legislations. Dr Polkowska pointed out that the first option was not clear in the subject of responsibility in case of unlawful interference and was against the rule standing in many legislations about the final responsibility of the aircraft commander in the scope of decision making and necessary measures taken on board in the name of safety of flight.
During the discussion on March 29 about Art. 3 bis Dr. Małgorzata Polkowska made an intervention in which she stated that the Art. 3 bis causes an unclarity, because it is new in the international law and has rather general nature and it is difficult to find the added value from practical view. In practice states consult each other in criminal proceeding on the basis on international agreements and they regulate there the details of this cooperation.
On 3 April 2014 was reached a compromise between States on the Articles on IFSO. While Art. 3 saw the development of new concerns of Polish Delegation, with the support of other States, made an intervention concerning the removal of the words “act” from the scope of Art. 3.2bis. Poland and EU countries have continuously held coordination meeting daily throughout the conference. Poland made an intervention to support Czech Republic’s suggestion regarding legal assistance to carry out investigations. Poland also supported UK and Czech’s suggestions that Art. 15.3 bis currently imposed excessive burden on the State of Landing when exercising jurisdiction. The consultations on the penultimate day of the conference were taken until late evening. The Final Act of the conference was prepared on 4 April 2014.
Representatives of 76 States, including Dr. Małgorzata Polkowska signed the Final Act. The Protocol was signed by the representatives of 24 States. President of the ICAO Council, Dr. Benard Olumuyiwa Aliu in his speech at the conclusion of the Conference thanked all the Presidents and Vice-Presidents of the Conference, the heads of the Committees and all the Delegates. After his speech, the Delegates of the States which have signed the Protocol expressed thanks and statements.
Draft Text of the Protocol to the Tokyo Convention of 1963 proposed by the Legal Committee, which has been the subject of negotiation delegations from around the world can be found on the ICAO website.
