II SÉRIE-A — NÚMERO 143 4

2. Such liability is incurred without prejudice to the criminal liability of individuals having committed the

offences.

3. If a State Party takes the necessary measures to make a legal entity liable in accordance with paragraph 1

of this Article, it shall endeavour to ensure that the applicable criminal, civil or administrative sanctions are

effective, proportionate and dissuasive. Such sanctions may include monetary sanctions.”

Article V

1. Article 3, paragraph 1, of the Convention shall be replaced by the following:

“Article 3

1. For the purposes of this Convention, an aircraft is considered to be in service from the beginning of the pre-

flight preparation of the aircraft by ground personnel or by the crew for a specific flight until twenty-four hours

after any landing. In the case of a forced landing, the flight shall be deemed to continue until the competent

authorities take over the responsibility for the aircraft and for persons and property on board.”

2. In Article 3, paragraph 3, of the Convention, “registration” shall be replaced by “registry”.

3. In Article 3, paragraph 4, of the Convention, “mentioned” shall be replaced by “set forth”.

4. Article 3, paragraph 5, of the Convention shall be replaced by the following:

“5. Notwithstanding paragraphs 3 and 4 of this Article, Articles 6, 7, 7 bis, 8, 8 bis, 8 ter and 10 shall

apply whatever the place of take-off or the place of actual landing of the aircraft, if the offender or the

alleged offender is found in the territory of a State other than the State of registry of that aircraft.”

Article VI

The following shall be added as Article 3 bis of the Convention:

“Article 3 bis

1. Nothing in this Convention shall affect other rights, obligations and responsibilities of States and individuals

under international law, in particular the purposes and principles of the Charter of the United Nations, the

Convention on International Civil Aviation and international humanitarian law.

2. The activities of armed forces during an armed conflict, as those terms are understood under international

humanitarian law, which are governed by that law are not governed by this Convention, and the activities

undertaken by military forces of a State in the exercise of their official duties, inasmuch as they are governed by

other rules of international law, are not governed by this Convention.

3. The provisions of paragraph 2 of this Article shall not be interpreted as condoning or making lawful otherwise

unlawful acts, or precluding prosecution under other laws.”

Article VII

Article 4 of the Convention shall be replaced by the following:

“Article 4

1. Each State Party shall take such measures as may be necessary to establish its jurisdiction over the

offences set forth in Article 1 and any other act of violence against passengers or crew committed by the alleged

offender in connection with the offences, in the following cases:

(a) when the offence is committed in the territory of that State;

(b) when the offence is committed against or on board an aircraft registered in that State;

(c) when the aircraft on board which the offence is committed lands in its territory with the alleged offender

still on board;