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There is no single police agency or country that investigates every alleged crime aboard an international flight. Under the 1963 Tokyo Convention, the aircraft’s state of registration is the starting point for jurisdiction. Depending on treaty participation and the circumstances, the state where the aircraft lands and the state of the operator may also have jurisdiction. The specific investigators and prosecutors are determined by each country’s law and the facts of the incident.
Which country has jurisdiction over an onboard crime?
The first question is where the aircraft is registered. Article 3(1) of the Tokyo Convention says: “The State of registration of the aircraft is competent to exercise jurisdiction over offences and acts committed on board.” The Convention was concluded on 14 September 1963; the United Nations Treaty Collection records its registration with the UN on 22 December 1969 (UN Treaty Collection; ICAO treaty text).
That makes the registration state the treaty framework’s starting point, not necessarily the only state that can act. The Tokyo Convention preserves jurisdiction states may exercise under their own laws. It also limits another contracting state from interfering with an aircraft in flight to exercise jurisdiction, subject to listed exceptions. These include effects in that state’s territory, involvement of one of its nationals or permanent residents, an offence against its security, violation of its aircraft-flight or manoeuvring rules, or the need to meet a multilateral obligation (Netherlands government treaty text).
Can the country where the plane lands investigate?
It may be able to. The 2014 Montréal Protocol amends the Tokyo Convention framework by adding jurisdictional bases for a qualifying state of landing and, in defined circumstances, the state of the operator. ICAO described the Protocol as addressing situations in which the original framework could leave a landing state unable to act because it was not the aircraft’s registration state (ICAO, 4 April 2024; consolidated Convention text with the Protocol).
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A landing alone does not establish that the Protocol applies between the states concerned. For a particular flight, the relevant treaty participation and national law need to be checked; the facts supplied here do not identify a route or states whose status can be assessed.
Who actually conducts the investigation?
Treaty jurisdiction does not name a universal police service, prosecutor, or court. The country with jurisdiction assigns the matter under its own criminal laws and institutional rules. Depending on the incident, officials will consider the aircraft’s registration and operator, the location and nature of the alleged conduct, where the aircraft landed or diverted, and the people involved. Without those details, it is not possible to identify a particular country or agency honestly.
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What happens if the commander hands over a suspect?
Under Article 13(4) of the Tokyo Convention, a contracting state must immediately make a preliminary inquiry to establish the facts when it accepts a person handed over by the aircraft commander under the Convention. The same requirement applies when an aircraft lands in that state after an unlawful seizure or control act described in Article 11. The receiving state may take detention or other measures allowed by its law for relevant criminal proceedings or extradition (Tokyo Convention, ICAO text).
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A preliminary inquiry is not a requirement to prosecute, nor does it mean the receiving state’s police become the only investigators.
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Is a criminal investigation the same as an aircraft accident inquiry?
No. A criminal investigation seeks to establish whether an offence occurred and who may be responsible. A technical safety inquiry examines the circumstances of a qualifying aircraft accident. ICAO says Chicago Convention Article 26 calls on the state where such an accident occurs to institute an inquiry; ICAO officials participate only on special request from the state responsible for it (ICAO accident investigation FAQ).
A suspected crime may lead to a separate criminal investigation alongside a safety inquiry. The safety inquiry itself does not decide criminal guilt.
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