ICAO’s Response to Unlawful Aviation Acts: A Security Overview

Posted on Feb 12, 2025 in Architecture

ICAO’s Response to Unlawful Acts Against Aviation

ICAO’s Role and Mission in Aviation Security (AvSec)

  • Established at Chicago Convention-1944
  • Purpose: international cooperation in standards and procedures for civil aviation.
  • ICAO promotes safety and regularity
  • ICAO Assembly discusses and adopts “standards and recommended practices”
  • Sovereign nations then adopt national regulations in accordance with SARPs
  • Conducts security audits per the Universal Safety Audit Program (USAP).
  • Enforcement of ICAO standards done by “contracting” states

ICAO Convention: Chicago-1944

  • The initial convention after founding of UN
  • Established that, like “the law of the sea,” aircraft would be treated like vessels at sea, and that all available parties would respond to an aircraft “in distress.”
  • The problem?…..”In distress” was not clearly and specifically defined.

ICAO Convention: Tokyo-1963

  • Addressed “unlawful acts” conducted on board aircraft
  • Gave aircraft captain similar command powers as those of ship captain
  • Obliged contracting states to:
    • Maintain or restore control of aircraft to the captain
    • Return aircraft to country of registration
    • Permit the aircraft, crew, and passengers to proceed to their destination
  • Established that the country of registration has jurisdiction over the hijacked aircraft.

ICAO Convention: The Hague-1970

  • Specifically defined hijacking, and made it a specific offense
  • Obligated states to return the aircraft, pax, and cargo to country of registry without delay
  • Assigned jurisdiction to:
    • (1) Country of registry, or if refused or unable, to
    • (2) Country where aircraft first lands
  • Required “severe” penalties for hijacking
  • Problems?
    • Some states were sympathetic to hijackers
    • Some states will not extradite to other states with the death penalty
    • Some states became “safe havens” for hijackers

ICAO Convention: Montreal-1971

  • Added much specificity to offenses and conditions
  • Expanded coverage to:
    • Sabotage of aircraft
    • Endangering an aircraft in flight
    • Acts on the ground
    • Acts against airports and navigation facilities
    • Communicating false threats
    • Acts of violence in flight affecting safety
  • Included both direct and indirect participants in hijacking as offenders
  • Required screening of carry-on baggage
  • Required establishment of a national aviation security agency

ICAO AvSec Plan of Action (ASAP)-2001

  • International strategy for global aviation security
  • Includes:
    • Identification and assessment of threats
    • System of regular, mandatory, systemic, and harmonized national security audits
  • Addressed as components of the aviation “system:”
    • Aircraft
    • Airports
    • ATC facilities

ICAO AvSec Program Process Cycle

  • Program: Board Diagram
  • Plan
  • Train
  • Implement
  • Evaluate
  • Revise

ICAO “Security Manual” Guidance

  • Inspection of aircraft for concealed weapons and dangerous devices
  • Security considerations for airport design
  • Background checks for airport employees
  • Security measures for catering suppliers
  • Airport/airfield access control procedures
  • Use of in-flight security personnel
  • Protection of the cockpit from unauthorized entry

ICAO “Security Manual” Guidance (Continued)

  • Measures and procedures to prevent unauthorized access to the airfield
  • Development of security training programs
  • Personnel and carry-on baggage screening
  • Isolation of security screened personnel
  • Prisoner transport
  • Law enforcement officer transport
  • Cargo and mail screening
  • Passenger-baggage reconciliation

ICAO Security Program Training

  • Protection of aircraft: between flight precautions, searches, access control
  • Access control: facility features, personnel B.G. checks, ID systems, etc.
  • Quality control: inspections, audits, tests & training
  • Airport design: security concerns and mitigation
  • Incident command and emergency operations
  • Managing responses to unlawful acts
  • Security equipment and technologies
  • Search and evacuation guidelines
  • Surface-to-air missile threats
  • Dealing with “dangerous goods”
  • Model airport and aircraft operator security programs

Other ICAO Annexes with Security Aspects

  • Annex 2 – Rules of the air: ATC allow deviations and facilitation
  • Annex 6 – Aircraft operations: Flight deck and aircraft security provisions
  • Annex 9 – Facilitation
  • Annex 10 – Aeronautical communications: Est “7500” squawk
  • Annex 11 – Air traffic services: Directs ATC to provide max assistance to aircraft in unlawful distress
  • Annex 14 – Aerodromes: Airport security measures, emergency response procedures
  • Annex 18 – Transport of dangerous goods: Security of hazardous cargo procedures