Responding to rising reports of unruly passenger behavior on international flights, International Civil Aviation Organization (ICAO) issued an urgent plea to Member States. The call aims to hasten the ratification of the 2014 Protocol amending the Convention on Offences and Certain Other Acts Committed on Board Aircraft (Montréal Protocol 2014 or MP14).
Since its adoption on 4 April 2014, MP14 seeks to address jurisdictional gaps hindering the prosecution of offences during international flights.
It needs 2/3 number of states to ratify before it comes into effect. Nigeria has ratified in 2019.
“On the tenth anniversary of MP14, Member States must reinforce their commitment to safe air travel,” emphasized Salvatore Sciacchitano, President of the ICAO Council.
ICAO highlights the global surge in unruly passenger incidents as not merely a comfort issue but a significant safety and security concern. In many cases, the Tokyo Convention 1963 confers jurisdiction based on aircraft registration, creating complications during landings in foreign countries.
MP14 rectifies this by granting jurisdiction to the State of landing, empowering States to handle unruly passengers regardless of aircraft registration. The Protocol also assigns jurisdiction to the State of Operator for offences on foreign-registered aircraft.
To date, 47 States across all regions have ratified the Protocol, effective from 1 January 2020.
ICAO Secretary General Juan Carlos Salazar not only urges ratification but also advocates for utilizing ICAO-developed tools to prevent and respond to unruly passenger incidents.
Guidance is available in ICAO’s Manual on the Legal Aspects of Unruly and Disruptive Passengers (ICAO Doc 10117). This includes a list of likely offences and outlines an administrative sanctions regime.
Moreover, under the 1944 Convention on International Civil Aviation, ICAO has adopted Standards and Recommended Practices (SARPs) regarding unruly behavior, incorporated into the Convention’s Annexes 17 and 9.
The implementation of these SARPs is supported by a wealth of ICAO guidance material.
