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Article Comparison - Protocol Supplementary to the Convention for the Suppression of Unlawful Seizure of Aircraft

Article II

Article 1 of the Convention shall be replaced by the following:

“Article 1

1. Any person commits an offence if that person unlawfully and intentionally seizes or exercises control of an aircraft in service by force or threat thereof, or by coercion, or by any other form of intimidation, or by any technological means.

2. Any person also commits an offence if that person:

(a) makes a threat to commit the offence set forth in paragraph 1 of this Article; or

(b) unlawfully and intentionally causes any person to receive such a threat,

under circumstances which indicate that the threat is credible.

3. Any person also commits an offence if that person:

(a) attempts to commit the offence set forth in paragraph 1 of this Article; or

(b) organizes or directs others to commit an offence set forth in paragraph 1, 2 or 3 (a) of this Article; or

(c) participates as an accomplice in an offence set forth in paragraph 1, 2 or 3 (a) of this Article; or

(d) unlawfully and intentionally assists another person to evade investigation, prosecution or punishment, knowing that the person has committed an act that constitutes an offence set forth in paragraph 1, 2, 3 (a), 3 (b) or 3 (c) of this Article, or that the person is wanted for criminal prosecution by law enforcement authorities for such an offence or has been sentenced for such an offence.

4. Each State Party shall also establish as offences, when committed intentionally, whether or not any of the offences set forth in paragraph 1 or 2 of this Article is actually committed or attempted, either or both of the following:

(a) agreeing with one or more other persons to commit an offence set forth in paragraph 1 or 2 of this Article and, where required by national law, involving an act undertaken by one of the participants in furtherance of the agreement; or

(b) contributing in any other way to the commission of one or more offences set forth in paragraph 1 or 2 of this Article by a group of persons acting with a common purpose, and such contribution shall either:

(i) be made with the aim of furthering the general criminal activity or purpose of the group, where such activity or purpose involves the commission of an offence set forth in paragraph 1 or 2 of this Article; or

(ii) be made in the knowledge of the intention of the group to commit an offence set forth in paragraph 1 or 2 of this Article.”