Unruly passenger behaviour on international flights is now such a problem that the UN global aviation body has called on member nations to ratify a treaty to enable the effective prosecution of offenders.
Lack of legal jurisdiction to pursue offenders
The International Civil Aviation Organization (ICAO) has used the 10th anniversary of the 2014 Montréal Protocol (MP14), to remind member states of the law and the need to formally ratify it in order to prevent disruptive or violent passengers from slipping the net and repeating their mistakes.
When a passenger behaves badly on a flight, normally the terms of the Convention on Offences and Certain Other Acts Committed on Board Aircraft (Tokyo Convention 1963) come into play, meaning the offender is bound by the laws of the country in which the aircraft is registered, which is not necessarily the country in which the aircraft lands. On landing then, the forces of law and order often decide they do not have jurisdiction to deal with the problem.
The Montréal Protocol
The Montréal Protocol solves this problem by awarding jurisdiction instead to the country where an aircraft lands, enabling law enforcement agencies to tackle problem passengers through the correct legal channels. It came into force on 1 January 2020.
The global spike in unruly passenger incidents is not just a matter of passenger comfort—it’s a safety and security risk that requires an immediate, coordinated response.
Salvatore Sciacchitano, President of the ICAO Council
However, so far only 47 states around the world have formally ratified the protocol. Calling ratification of the protocol “essential”, Salvatore Schiacchitano, ICAO Council President highlighted the “global spike in unruly passenger incidents” and emphasised that the issue “is not just a matter of passenger comfort–it’s a safety and security risk that requires an immediate, coordinated response.”
Tool suite lists common offences
ICAO’s General Secretary, Juan Carlos Salazar, went even further. “In addition to urging States that have not already done so to ratify the 2014 Montréal Protocol, ICAO is also encouraging governments to use the suite of tools developed by ICAO and industry partners to prevent and respond to unruly passenger crimes,” he said.
These tools include a manual detailing the most commonly committed offences air crews and law enforcement agencies have to deal with and inviting member states to consider whether those offences need to be specified in legislation.
“All passengers are entitled to a safe and comfortable flight experience,” Salazar said, adding that “flight crew have the right to a conducive working environment, and we all benefit from the avoidance of costly and wasteful flight diversions.”
