Judy Nemsick is a partner in Holland & Knight's
New York office.
Unruly passenger incidents on commercial aircraft are an endemic
problem for the airline industry. Such incidents threaten the
safety and security of all on board, disrupt operations and result
in significant economic losses to the airlines. To address the
increase in unruly passenger issues, the International Air
Transport Association (IATA) conducted a detailed analysis of such
incidents and, in 2009, made a formal request to the International
Civil Aviation Organization (ICAO) to review and enhance the Tokyo
Convention of 1963.1 The Tokyo Convention, which took
effect in 1969, governs criminal offenses and other acts committed
on board aircraft that jeopardize the safety of
flights.2 A diplomatic conference with 100 governments
participating resulted in ICAO's adoption of the Protocol to
Amend the Convention on Offences and Certain Other Acts Committed
on Board Aircraft, done at Montreal on April
