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Effectiveness of the 2010 Beijing Convention And EFFECTIVENESS OF THE 2010 BEIJING CONVENTION AND PROTOCOL IN ADDRESSING AVIATION SECURITY THREATS RAMADHANI ALLY MALETA A THESIS SUBMITTED IN FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF LAWS OF THE OPEN UNIVERSITY OF TANZANIA 2014 ii CERTIFICATION The undersigned do hereby certify that I have read and hereby recommend for acceptance thesis titled: “Effectiveness of the 2010 Beijing Convention and Protocol in Addressing Aviation Security Threats” submitted in fulfillment of the requirements for the Degree of Master of Laws (LL.M.) of the Open University of Tanzania. ………………………………………….. Dr. Paul Faustin Kihwelo (Supervisor) ……………………………….………… Date iii COPYRIGHT No part of this thesis may be reproduced, stored in any retrieval system, or transmitted in any form by any means, electronically, photocopying, recording or otherwise without prior permission of the author or The Open University of Tanzania in that behalf. iv DECLARATION I, Ramadhani Ally Maleta, do hereby declare that, this research work is my own original work, and that it has not been presented to any university for a similar or any other degree award. ………………………………………….. Signature ………………………………………….. Date v DEDICATION Dedicated to my beloved parents, Ally Athumani Maleta and Rukia Mfaume Kawambwa, who brought me up with love and care and; who sacrificed their family’s scarce resources for foundation of my advancement in the academic world. vi ACKNOWLEDGEMENTS My sincere gratitude to my employer, Tanzania Airports Authority whose sponsorship has enabled me pursue this course. I am indeed indebted to my Supervisor, Dr. Paul Faustin Kihwelo (Ph.D.) Senior Lecturer of Law at the Open University of Tanzania for his professional guidance, constructive criticism and brotherly patience which have substantially contributed to modeling this work to the present form. To him I accord the best of his work and whatever deficiencies appearing in this work are mine. I convey my heart-felt thanks to my beloved wife, Salama Ramadhani Uchungu , and beloved children; Faraji, Fatma and Fauziat. By the grace of God they endured the pain of lacking my company, sometimes at critical moments when my company in the family was most needed during the entire period of my study. My extended gratitude is owed to Prof. Dr. Paul Stephen Dempsey, Director of Institute of Air and Space Law at McGill University, Canada, for his learned lectures and reading materials when he taught me an aviation law course on International Air Law: Concept and Applications held at Singapore Aviation Academy (SAA) in May 2010. His teachings had assisted me in having a base on the subject of International Air Law and I used that basic knowledge as a guidance for doing this research. Likewise, I wish to value the contributions from my co-participants of IATA-aviation law course on International Air Law for Lawyers and Legal Professionals, held at Ghana Civil Aviation Academy (GCAA) in November, 2013. The participants are vii aviation lawyers from different countries in Africa hence their comments which based on practical experience were very important for improving this work. Importantly, I appreciate the inputs and wisdom of Mr. Udan P.N. Fulana who was a lecturer of the course in Ghana. Mr. Fulana, being a retired pilot with Royal Air Force in UK and a frequent lecturer on legal issues in air transportation for over 30 years, has agreed to share with me his long practical experience in international air law and hence encouraged me to have this study completed. Finally, I thank all those whose works I have read and referred to in this work and; any other person who in any way contributed to the results of my study. viii ABSTRACT Following the September 11 terrorist attacks in America and the occurrence of other new and emerging threats to civil aviation, the international community has been faced with the harsh reality in the field of aviation security, hence, several legal attempts were made to address such aviation threats. Consequently, the International Civil Aviation Organization (ICAO) in its 37th Diplomatic Conference of 2010 held in Beijing, China, adopted two new international legal instruments namely; Convention on the Suppression of Unlawful Acts Relating to International Civil Aviation (Beijing Convention of 2010) and Protocol Supplementary to the Convention for Suppression of Unlawful Seizure of Aircraft (Beijing Protocol of 2010). This study reviews the historical background to the development of international air law on aviation security and further assesses and analyzes in detail the provisions of the Beijing legal instruments in comparison with the previous treaties. Finally, the key question of whether or not the new Beijing Convention and the Protocol are adequate and effective in combating threats to aviation security is addressed through doctrinal research. In this regard, information was collected from various primary and secondary sources of law including books, articles, conventions, protocols, statutes and internets. Further information was gathered from various aviation stakeholders including aviation experts, security staff, lawyers, passengers, ground handlers, crews, regulators, airline and airport operators. From the information collected, the study comes up with conclusion, observations and recommendations which may be useful in addressing new and emerging threats to aviation security. ix TABLE OF CONTENTS CERTIFICATION ................................................................................................... ii COPYRIGHT.......................................................................................................... iii DECLARATION .................................................................................................... iv DEDICATION ......................................................................................................... v ACKNOWLEDGEMENTS .................................................................................... vi ABSTRACT .......................................................................................................... viii LIST OF CASES ................................................................................................... xiii LIST OF LOCAL STATUTES ............................................................................ xiv LIST OF FOREIGN STATUTES ......................................................................... xv LIST OF INTERNATIONAL INSTRUMENTS ................................................ xvii LIST OF ABREVIATIONS AND ACRONYMS ................................................. xix CHAPTER ONE ...................................................................................................... 1 1.0 GENERAL INTRODUCTION ........................................................................ 1 1.1 Introduction ....................................................................................................... 1 1.2 Background to the Problem ................................................................................ 3 1.3 Statement of the Problem ................................................................................... 5 1.4 Literature Review............................................................................................... 6 1.5 Objective of the Study ...................................................................................... 21 1.6 Research Questions .......................................................................................... 22 1.7 Significance of the Study ................................................................................. 22 1.8 Methodology .................................................................................................... 22 x CHAPTER TWO ................................................................................................... 25 2.0 GENESIS OF AVIATION SECURITY THREATS ....................................... 25 2.1 Introduction .................................................................................................. 25 2.1.1 Aviation Security ........................................................................................... 25 2.1.2 Aviation Threats ............................................................................................ 26 2.1.3 Terrorism and Aviation Security .................................................................... 27 2.2 Background to Aviation Security Threats ..................................................... 30 2.3 Common Types of Aviation Threats ............................................................. 32 2.3.1 Aircraft Hijackings ....................................................................................... 32 2.3.2 Missile Attacks to Aircraft ............................................................................ 36 2.3.3 Man Portable Air Defense System (MANPADS) .......................................... 39 2.3.4 Extortion ...................................................................................................... 41 2.3.5 Improvised Explosive Devices (IEDs) .......................................................... 43 2.3.6 Notable Plots of Threats To Aviation ............................................................ 44 2.3.7 Other New and Emerging Aviation Threats .................................................. 48 2.3.8 Threats Against Airline Facilities ................................................................... 51 2.3.9 Threats Against Airports ...............................................................................
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