The UAE now has jurisdiction over unruly passengers on arriving flights

The existing international law governing civil aviation, known as the Convention on Offences and Certain Other Acts Committed on Board Aircraft of 1963 (“TC63“), establishes that only the state in which an aircraft is registered has jurisdiction over incidents that occur on board, with a few exceptions. Unfortunately, the TC63 unintentionally created a loophole that allows unruly passengers to evade prosecution for harmful behavior and actions committed onboard an aircraft by invoking jurisdictional defenses. The TC63 was ratified in the United Arab Emirates (“UAE“) through Federal Decree No. 9 of 1981, which pertains to the country’s accession to the International Agreement regarding Crimes and Specific Actions taking place on Aircrafts.

The Montreal Protocol

The Montreal Protocol of 2014 (“MP14“) was introduced to address the existing loophole in the TC63 Convention. MP14 amends TC63 and introduces provisions that grant legal authority to the state where an aircraft lands to prosecute passengers who engage in unruly behavior or commit offenses on board, regardless of the aircraft’s registration. Under MP14, the state where the aircraft lands now has jurisdiction, as well as the state of the aircraft operator if the aircraft is leased without crew to a lessee who has their principal place of business or permanent residence in that state. Additionally, jurisdiction is extended to third-party states in cases where a flight is redirected or rerouted.

The Montreal Protocol of 2014 (MP14) empowers the aircraft commander to hand over any passenger on board the aircraft to the competent authorities of the relevant state if there are reasonable grounds to believe that the passenger has committed acts that jeopardize the safety, good order, or property of the aircraft and its occupants. Furthermore, MP14 reinforces the rights of carriers to seek compensation from unruly passengers for damages caused by their behavior.

The UAE ratified the MP14 through Federal Decree No. 219 of 2016, which is a significant step in the global effort to combat incidents of unruly behavior on flights, as such incidents have been on the rise in recent years. According to the International Air Transport Association (“IATA“), there was an average of one unruly passenger incident reported for every 568 flights in 2022. Unruly behavior includes actions such as disregarding lawful instructions from the crew that are intended to ensure the safety of the aircraft and its occupants, physical assault or threats against crew members, illegal consumption of alcohol or drugs, smoking on board, sexual abuse, and harassment.

The UAE is the 44th state to ratify the MP14, which came into effect on May 1, 2023. This aligns the UAE with other Middle Eastern countries, including Bahrain, Egypt, Jordan, Kuwait, Oman, and Qatar, that have joined the global efforts to enhance safety and security on board aircrafts.

How can we help?

Along with the growth in safety concerns due to the rise of unruly passengers in air travel, we anticipate increased inquiries from airlines and concerned authorities for the prosecution of unruly passengers landing in the UAE.

Al Tamimi & Company’s Transport & Logistics team has extensive experience in the UAE with regards to Aviation liability practice, including passenger injury claims, cargo claims, and aircraft arrests. In addition, we have rights of audience before the courts across in Bahrain, Egypt, Iraq, Jordan, Kuwait, Morocco, Oman, Qatar, Saudi Arabia, and UAE, as well as local insights have enabled us to represent clients in complex local and multi-jurisdictional claims, defences, and commercial transactions. For further information on this sector or for any inquiries for assistance, please contact our team.