Let’s pick this up right where the jurisdiction question gets interesting — Page 32, Lesson 52

Let’s pick this up right where the jurisdiction question gets interesting. We were looking at who gets to prosecute when an offence happens on an aircraft over the high seas. The rule is that the state of registration of the aircraft has the right to prosecute the offender. But here’s the crucial note: the international agreements actually oblige states to prosecute. So it’s not just a right, it’s a duty. If a state doesn’t want to prosecute, perhaps for political reasons, another state may step in and do so. Let me give you the classic example, because it ties everything together. Suppose a bomb is placed on an American aeroplane, contrary to the Montreal Convention and its Protocols, by two Libyans, in Frankfurt or Rome. The aeroplane then explodes over Scotland. Who has the power to prosecute? There’s a strict order of priority, and I want you to remember this sequence. First, the UK, under Scottish law, because the offence happened over Scotland. Second, the United States, because the aeroplane was registered in the USA. Third, the Italians, because the bomb was placed on board in Rome. Fourth, the Germans, because the aeroplane made an intermediate stop in Frankfurt. Fifth, any other state whose citizens were killed or injured. And finally, Libya, because the suspects are Libyan. Now, the note here is important: if the UK had not prosecuted, the US most certainly would have. That’s the practical effect of the obligation to prosecute. Now let’s move to a completely different topic: Search and Rescue, or SAR. When a state accepts Contracted State status, it specifically undertakes to provide procedures and facilities for Search and Rescue within its own territory. For areas of high seas, and areas of undetermined sovereignty, the provision of SAR services is established on the basis of Regional Air Navigation agreements, which we call RAN agreements. The standards governing SAR services oblige the state to provide at least the minimum service compatible with the type and frequency of air traffic using the airspace for which that state is responsible. And that service must be available 24 hours per day. There’s also a requirement for the state to maintain a degree of co-operation with adjacent states, and to be ready to assist with SAR operations if requested. Finally, let’s look at the conditions to be fulfilled with respect to aircraft, as stipulated by the Chicago Convention. Specifically, the documents to be carried in aircraft. Every aircraft engaged in international navigation shall carry the following documents. First, the Certificate of Registration. Second, the Certificate of Airworthiness. Third, crew member licences. Fourth, the Journey Logbook. Fifth, the aircraft radio station licence, but only if the aircraft is equipped with a radio. And sixth, if passengers are carried, a list of names and the place of both embarkation and destination. So to summarise the key points: jurisdiction over the high seas goes to the state of registration, but prosecution is an obligation, not just a right. SAR services must be provided 24 hours a day, based on RAN agreements for high seas and undetermined sovereignty. And the Chicago Convention mandates six specific documents on board any aircraft in international navigation.