[1] The convention is applicable to offences against penal law and to any acts jeopardising the safety of persons or property on board civilian aircraft while in-flight and engaged in international air navigation.
The convention, for the first time in the history of international aviation law, recognises certain powers and immunities of the aircraft commander who on international flights may restrain any person(s) he has reasonable cause to believe is committing or is about to commit an offence liable to interfere with the safety of persons or property on board or who is jeopardising good order and discipline.
[4] The question remained as one of the most important legal problems until the 13-year-long pre-legislative efforts of the International Civil Aviation Organization culminated in the Convention on Offenses and Certain Other Acts Committed on Board Aircraft coming into force on 4 December 1969.
There are very few subjects connected with the law of the Air on which lawyers have written so much or which they have discussed so often at International Conferences as Crimes on Aircraft.
[9]: 2 It was established that consideration ought to be given to the physical circumstances wherever the aircraft might be when a crime occurred, further considering the effect upon applicable law.
However, if a Belgian alrcraft was flying over Switzerland when an offence was committed, the latter might also be subject to Swiss penal law which may provide entirely different penalties.
The Munich Session had been intended to also examine the question of the Legal Status of the Aircraft Commander and a Draft Convention on Aerial Collisions.
As a result of its Session in Munich the Legal Committee drew up a Draft Convention on Offences and Other Acts Occurring on Board Aircraft.
The principle of the law of the flag had been proposed by Paul Fauchille[14] in 1902 and 1910[15] and by the Belgian legal historian Fernand de Visscher[16] in 1937.
During its 14th Session held in Rome in 1962 the Legal Committee after considering the Sub-Committee's report further studied and revised the Montreal Redraft.
[22]: XIX The US representative considered the principle ne bis in idem (double jeopardy) would fail to contribute to the solution to conflicts of jurisdiction,[22]: 199 causing the committee to delete that provision.
The Conference was finally convened at Tokyo by ICAO Council, 20 August to 14 September 1963 for the purpose of further consideration, finalisation, adoption and opening for signature of the Rome Draft.
[24] The Convention entered into force on 4 December 1969 bringing closure to the efforts of ICAO on the subject since 1950 and the realisation of many of the ideals of the early pioneering jurists present at the dawn of aviation.
They offer great opportunities for the transfer from one country to another... of commodities for which a high price will be paid and which cannot pass to their most profitable market by land or sea: things such as gold, drugs, diamonds, secret plans and designs.
It is very tempting for passengers on these aircraft and for their crews to undertake or lend themselves as accessories to these trades.As of 2022, the Tokyo Convention has been ratified by 187 states.
(The eight non-party states are Dominica, East Timor, Eritrea, Kiribati, Micronesia, Somalia, South Sudan, and Tuvalu.)