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G. A New Convention on the Marking of Plastic Explosives for the Purpose of Detection
Following the Resolution of the ICAO of the Council and the adoption of a United Nations General Assembly Resolution, the International Conference on Air Law was held under the auspices of the ICAO in Montreal from 12 February to1March 1991, which unanimously adopted a Convention on the Marking of Plastic Explo-sives for the Purpose of Detection. The Convention was opened for signature on 1 March 1991 and on that day was signed on behalf of 41 States.635
635
ICAO Doc 9571.
The events that led to he Conference are well known.636
The ill effects ofthe disaster of .ight Pan Am 103 over Lockerbie in Scotland on 21 December 1988 were more felt when the world learned that it was determined to be caused by the explosion of a lethal charge of SEMTEX, which is a high performance a plastic explosive manufactured commercially in Czechoslovakia, which was placed aboard the Pan Am .ight hidden in a radio cassette player.
The adoption of a new Convention on the marking of Explosives was further encouraged by a unanimously adopted United Nations Security Council Resolu-tion on 14 June 1989, which expressed concern ‘at the ease with which plastic and sheet explosives can be used in acts of terrorism with little risk of detection’ and urged ICAO to intensify its work aimed at preventing all acts of terrorism against international civil aviation, and in particular, its work on devising an internationalregimeforthemarkingofplasticorsheet explosives forthe purpose of detection.637
At the 27th Session of the ICAO Assembly in September–October 1989, the Delegations of the United Kingdom and Czechoslovakia presented a draft Resolu-tion which was unanimously adopted as Resolution A27-8. The Assembly calls upon the Council:
To convene a meeting of the Legal Committee, if possible in the .rst half of 1990, to prepare a draft international instrument ‘on the marking of plastic and sheet explosives for the purpose of detection,’ with a view to its adoption at a diplomatic conference as soon as practicable thereafter in accordance with the ICAO procedures set out in Assembly Resolution A7-6.638
Atthe broadestinternationallevel,the 44thSessionoftheUnitedNations General Assembly urged ICAO ‘to intensify its work on devising an international regime for the markingof plastic or sheet explosives for the purpose of detection.’639
In June 1989, the Council of ICAO considering the overall preference of the international community decided to include in the General Work Programme of the ICAO Legal Committee with the highest and overriding priority the subject ‘Prep-aration of a new legal instrument regarding the marking of explosives for detect-ability.’640
Work started quickly after the completion of the 27th Session of the ICAO Assembly. The preparations for the new instrument passed through the following stages:
ARapporteur (Mr. A.W.G. Kean, CBE –United Kingdom) was invited to study and prepare the subject; he presented his report in September 1989. The report was considered by a Special Sub-Committee of the Legal Committee which met at
636For the thorough analysis of the history of the Convention see: Milde(1990, pp. 155–179).
637United Nations, Security Council, SC/RES/635 (1989).
638Doc 9551, A27-RES.
639Resolution 44/29 of 13 December 1989.
640C-DEC 127/20.
G. A New Convention on the Marking of Plastic Explosives
Montrealfrom9 to 19 January 1990and prepared its Report for the 27th Session of the Legal Committee which met at Montreal from 27 March to 12 April 1990.
The Legal Committee devoted almost all of its time to the new instrument and presented its Report which contained the text of a ‘DraftConvention on the Marking of Plastic (and Sheet) Explosives for the Purpose of Detection’ which the Committee considered to be “a .nal draft” under the terms of Assembly Resolution A7-6, to the Council. Consequently, a report was drafted by the Rapporteur appointed to studyand prepare the issue with regard to the adoption of a Convention.
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