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17 DE JULHO DE 2018 5

(d) when the offence is committed against or on board an aircraft leased without crew to a lessee whose

principal place of business or, if the lessee has no such place of business, whose permanent residence is in that


(e) when the offence is committed by a national of that State.

2. Each State Party may also establish its jurisdiction over any such offence in the following cases:

(a) when the offence is committed against a national of that State;

(b) when the offence is committed by a stateless person whose habitual residence is in the territory of that


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

the offences set forth in Article 1 in the case where the alleged offender is present in its territory and it does not

extradite that person pursuant to Article 8 to any of the States Parties that have established their jurisdiction in

accordance with the applicable paragraphs of this Article with regard to those offences.

4. This Convention does not exclude any criminal jurisdiction exercised in accordance with national law.”

Article VIII

Article 5 of the Convention shall be replaced by the following:

“Article 5

The States Parties which establish joint air transport operating organizations or international operating

agencies, which operate aircraft which are subject to joint or international registration shall, by appropriate means,

designate for each aircraft the State among them which shall exercise the jurisdiction and have the attributes of

the State of registry for the purpose of this Convention and shall give notice thereof to the Secretary General of

the International Civil Aviation Organization who shall communicate the notice to all States Parties to this


Article IX

Article 6, paragraph 4, of the Convention shall be replaced by the following:

“Article 6

4. When a State Party, pursuant to this Article, has taken a person into custody, it shall immediately notify the

States Parties which have established jurisdiction under paragraph 1 of Article 4, and established jurisdiction and

notified the Depositary under paragraph 2 of Article 4 and, if it considers it advisable, any other interested States

of the fact that such person is in custody and of the circumstances which warrant that person’s detention. The

State Party which makes the preliminary enquiry contemplated in paragraph 2 of this Article shall promptly report

its findings to the said States Parties and shall indicate whether it intends to exercise jurisdiction.”

Article X

The following shall be added as Article 7 bis of the Convention:

“Article 7 bis

Any person who is taken into custody, or regarding whom any other measures are taken or proceedings are

being carried out pursuant to this Convention, shall be guaranteed fair treatment, including enjoyment of all rights

and guarantees in conformity with the law of the State in the territory of which that person is present and

applicable provisions of international law, including international human rights law.”