LETTER OF TRANSMITTAL THE WHITE HOUSE, May 20, 1988. To the Senate of the United States: I transmit herewith, for the advice and consent of the Senate to ratification, the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, done at Montreal on February 24, 1988. The report of the Department of State is also enclosed for the information of the Senate. The Protocol will extend and supplement the legal framework of the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal on September 23, 1971, to which the United States is already a party. It provides for enhanced international cooperation in the fight against terrorism at airports serving international civil aviation. The Protocol was negotiated under the auspices of the International Civil Aviation Organization. The United States played a leading role in the negotiation of the Protocol. Early ratification by the United States will encourage similar action by other nations. I recommend that the Senate give early and favorable consideration to the Protocol and give its advice and consent to ratification. RONALD REAGAN. (III) LETTER OF SUBMITTAL The PRESIDENT, DEPARTMENT OF STATE, Washington, DC, May 6, 1988. THE PRESIDENT: I have the honor to submit to you, with a view to transmittal to the Senate for its advice and consent to ratification, the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, done at Montreal, February 24, 1988. The Protocol is an important instrument that will enhance international cooperation in combatting acts of terrorist violence. Preparation of the Protocol began in 1986, after the Assembly of the International Civil Aviation Organizations (ICAO) unanimously called for the development of a new international instrument for the suppression of unlawful acts of violence at airports serving international civil aviation. The Assembly's action was taken in the wake of several acts of terrorist violence at international airports, including the December 1985 attacks at the Rome and Vienna Airports, that resulted in the death of 20 innocent persons, including 5 Americans. A subcommittee of the ICAO Legal Committee and the full Legal Committee met in January 1987 and April-May 1987 respectively to develop this Protocol. The final text of the instrument was adopted by consensus by the 81 nations represented at an International Conference on Air Law, held in Montreal from February 924, 1988, under the auspices of ICAO. The Protocol will supplement and extend the legal framework of the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal September 23, 1971 (the Montreal Convention) to encompass unlawful acts of violence committed at airports serving international civil aviation, even where such acts do not endanger the safety of aircraft in flight. Pursuant to Article I of the Protocol, as between the parties to the Protocol, the Montreal Convention and the Protocol will be read and interpreted as a single instrument. The Montreal Convention, now in force for 137 nations, was the third major step taken by the international community to deal with terrorist attacks and other criminal acts against civil aviation. The Convention on Offenses and Certain Other Acts Committed on Board Aircraft, signed at Tokyo on September 14, 1963, entered into force in 1969. The Convention for the Suppression of Unlawful Seizure of Aircraft (Hijacking Convention), signed at The Hague on December 16, 1970, entered into force in 1971. The United States is a party to all three of these Conventions. The major provisions of the Protocol are as follows: Paragraph 1 of Article II sets forth the offenses covered by the Protocol and will be Article 1, paragraph 1 bis for the parties to the Montreal Convention as supplemented by the Protocol. This article states that any person commits an offense if he unlawfully and intentionally, using any device, substance or weapon (a) performs certain acts of violence at an international airport or (b) destroys or seriously damages the facilities of an international airport or aircraft not in service located thereon, or disrupts service at that airport. To be an offense under this provision, the Protocol requires that these acts endanger or be likely to endanger safety at an airport serving international civil aviation. Paragraph 2 of Article II provides that the words "or paragraph 1 bis" will be inserted after the words "paragraph 1" in paragraph 2(a) of Article 1 of the Convention. Through this amendment, the supplemented Montreal Convention will also include as offenses (a) attempts to commit any of the acts listed in paragraph 1 of Article II of the Protocol and (b) complicity in such acts or attempts. Article III of the Protocol adds a paragraph 2 bis to Article 5 of the Convention. Under this new paragraph, each party agrees to take measures to establish jurisdiction over the offenses mentioned in the Protocol, where an alleged offender is present in its territory and it does not extradite him pursuant to Article 8 of the Convention. Articles IV through VII set out the procedures for signature, ratification, accession and entry into force of the Protocol. Article V provides that a state not party to the Convention may ratify the Protocol if at the same time it ratifies or accedes to the Convention. Pursuant to Article VI, as soon as ten signatory states have deposited their instruments of ratification, it shall enter into force between them on the thirtieth day after the date of the deposit of the tenth instrument of ratification. Article VIII provides the rules for denunciation of the Protocol and Article IX establishes certain responsibilities for the Depositaries of the Protocol. Because the Protocol includes an offense not currently part of U.S. domestic law, it will require implementing legislation before the United States can become a party. This legislation is now being prepared. I recommend that the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation be transmitted to the Senate as soon as possible for its advice and consent to ratification. Respectfully submitted, GEORGE P. SHULTZ. PROTOCOL FOR THE SUPPRESSION OF UNLAWFUL ACTS OF VIOLENCE AT AIRPORTS SERVING INTERNATIONAL CIVIL AVIATION, SUPPLEMENTARY TO THE CONVENTION FOR THE SUPPRESSION OF UNLAWFUL ACTS AGAINST THE SAFETY OF CIVIL AVIATION, DOone at MONTREAL ON 23 SEPTEMBER 1971 The States Parties to this Protocol: Considering that unlawful acts of violence which endanger or are likely to endanger the safety of persons at airports serving international civil aviation or which jeopardize the safe operation of such airports undermine the confidence of the peoples of the world in safety at such airports and disturb the safe and orderly conduct of civil aviation for all States; Considering that the occurrence of such acts is a matter of grave concern to the international community and that, for the purpose of deterring such acts, there is an urgent need to provide appropriate measures for punishment of offenders; Considering that it is necessary to adopt provisions supplementary to those of the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal on 23 September 1971, to deal with such unlawful acts of violence at airports serving international civil aviation; Have agreed as follows: ARTICLE I This Protocol supplements the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal on 23 September 1971 (hereinafter referred to as "the Convention"), and, as between the 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 offense if he unlawfully and intentionally using any device, substance or weapon: (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". |