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Which Country's Laws Apply Inflight?

Here is a question that I’ve often wondered about.

Let’s take a situation where an aircraft is registered in country A.

It starts a flight from country B, passing over (but not stopping in) country C, and lands in country D.

While over country C (the one that it never is on the ground in) a serious crime is committed. eg Assault, rape, murder etc…..something that the authorities would take seriously.

Under which country’s jurisdiction would this crime fall?

It’s not uncommon for airliners enroute to North America from Europe, to stop in Shannon in Ireland because of a disruptive passenger. They get prosecuted in Ireland from what I see. This suggests to me that the jurisdiction is in the place of landing.

If that is the case it leaves an interesting situation where you could do something that you assume is perfectly legal, but a subsequent divert makes it illegal! For example, on a flight from Paris to Sydney you might kiss your girlfriend (in public). Then the plane makes a diversion for some reason and lands in Dubai. Such public affection is illegal there! Ok, I know this is a trivial example, but it demonstrates the point that if the place of landing is the place of jurisdiction, then the choice of landing location can change the legality of a previously committed action. I’m sure there are more serious examples of laws governing serious crimes differing in different countries. (One for example might be the age of concent varying in different countries)

If the place with jurisdiction is the place that you are currently flying over, then what happens ‘on the high seas’ eg half way across the Atlantic?

It’s not important….just something that I’ve often wondered about.

EIWT Weston, Ireland

You will need an aviation lawyer to give you chapter and verse on this one, but I have a little input:

I recently read a somewhat tongue in cheek book written, apparently, by a former male cabin crew member from Virgin. I don’t recall the name of the book but it was from the Air Babylon genre in that it was a collection of allegedly true stories that happened on a large number of flights, condensed into one flight.

They had a significant number of deaths, especially among older passengers. They, allegedly, used to leave them in place until just before landing, so the death would be discovered at a more convenient place which didn’t need a diversion.

The other thing which I heard used to work is that if a child was born on a ship or a plane, it would acquire the citizenship of the aircraft registry. I am sure this doesn’t work on aircraft anymore, otherwise it would be an obvious business opportunity. But it might still work on ships.

Administrator
Shoreham EGKA, United Kingdom

Generally speaking, the laws of the state of registry apply. The Tokyo Convention was one of the things I had to learn for the fATPL, but it’s alarming how much of it I have forgotten within a year …

LOAN Wiener Neustadt Ost, Austria

The reasons we leave dead bodies in place are (1) a doctor is required to certify death and (2) no point in inconveniencing 300+ pax for someone who doesn’t care any more.

We’ll move them, if possible, of course

Spending too long online
EGTF Fairoaks, EGLL Heathrow, United Kingdom

A friend of mine died during a KLM flight while over the Shetland Islands.
The place of death was stated “Amstelveen”, as that is where KLM headquarters is located.

The reasons we leave dead bodies in place are (1) a doctor is required to certify death and (2) no point in inconveniencing 300+ pax for someone who doesn’t care any more

I am not suggesting you are doing anything wrong, but – assuming the absence of a doctor – doesn’t that leave the airline open to action if the person later wakes up brain damaged, or whatever?

Re Dublinpilot’s original Q, I would think that if I had a disruptive passenger, I would land at a place where he/she will be removed with the minimum ceremony and subjected to the maximum possible inconvenience

Administrator
Shoreham EGKA, United Kingdom

If you’re 16, flying over say Luxembourg you can order a bottle of vodka and drink it quick before you reach France?
Or does it need to be a Luxembourg registered aircraft?
http://en.wikipedia.org/wiki/Legal_drinking_age#Europe

Great business venture? Anyone up for it?

Or does it need to be a Luxembourg registered aircraft?

Yes. The Chicago Convention of ICAO (Doc. 7300) states: “Aircraft have the nationality of the State in which they are registered.

EDDS - Stuttgart

Aircraft have the nationality of the State in which they are registered

Yes, but isn’t that an empty / meaningless position?

The powers to search it are exactly the same. An N-reg aircraft, for example, isn’t US territory.

Administrator
Shoreham EGKA, United Kingdom

An N-reg aircraft, for example, isn’t US territory.

As long as it is airborne it is US territory, theoretically at least (“flag principle” or “flag rule”, see here http://books.google.de/books?id=4JupdN4Y7u4C&pg=PA546&lpg=PA546&dq=flag+rule+aircraft&source=bl&ots=BY6ugeQInU&sig=V8Y7N48QLJX6moeckiCeRQXd0HI&hl=de&sa=X&ei=MBNNU6OvM8Plswbj44CgBA&ved=0CIMBEOgBMAg#v=onepage&q&f=false).

Last Edited by what_next at 15 Apr 11:11
EDDS - Stuttgart
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