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A. State Responsibility
Annex 9 to the Chicago Convention (Facilitation) in Standard 3.2, recognizes that, in developing procedures aimed at the ef.cient application of border controls on passengers and crew, Contracting States shall take into account the application of aviation security, border integrity, narcotics control and immigration control measures, where appropriate. This Standard gives States the .exibility of enacting procedures, rules and regulations to ensure the security and integrity of their borders and view passengers with necessary caution.
The aims and objectives of the International Civil Aviation Organization (ICAO), as contained in Article 44 of the Chicago Convention are, inter alia,to ensure the safe and orderly growth of international civil aviation; meet the needs of the peoples of the world for safe, regular, ef.cient and economical air transport; and avoid discrimination between Contracting States. Annex 17 – Security to the Chicago Convention, in paragraph 2.1.1, identi.es the main aim of aviation security as being the safeguarding of international civil aviation operations against acts of unlawful interference. These aims have been established by the international community with a view to ensuring that security and safety of civil aviation apply not only in the context of individual States, but also of their peoples, in accordance with the distinction made in the Preamble of the Chicago Convention.
The above-mentioned principles and aims make it abundantly clear that the role of ICAO and the international community is to consider the offence of unlawful interference with civil aviation in its entirety, as a generic term encompassing a wide range of offensive activity on the part of the perpetrators. This does not admit of the offence being restricted to a species or other category of offensive activity. It is for the above reason that the ICAO Assembly, at its 33rd Session, held subsequent to the events of 11 September 2001, adopted Resolution A33-2, strongly condemning all acts of unlawful interference against civil aviation wherever and by whomsoever and for whatever reason they are perpetrated. This all-encompassing approach to the offence of unlawful interference with civil aviation effectively precludes parochial assumptions that the offence would be recognizable as such only if it is perpetrated pursuant to or as an act which can only or mostly be perpetrated by a certain type of individual of a certain race, nationality or religious persuasion.
The .rst issue, that of encompassing aviation security under the umbrella of threats or considering aviation security as being affected only by certain acts, is therefore a critical consideration if a balanced and focussed approach to remedial action on aviation security were to be seriously addressed. Broadly considered, unlawful interference with civil aviation is an offence, which is any wrong that affects the security or well-being of civil aviation, in the context of persons and property, and creates an interest in the public in its suppression. The offence itself should therefore not be confused with a type of conduct or activity.
The second issue, within the purview of the security guidelines of the Chicago Convention, pertains to stereotyping and racial pro.ling of individuals in the pursuit of ensuring aviation security. In essence, racial pro.ling is intersectional in nature and may consist of multiple grounds of institutionalized discrimination such as nationality, race, age, gender, socio-economic status, disability, health status, descent, language, class, culture and religion. At the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, held in Durban, South Africa from 31 August to 7 September 2001, the Conference, referring to the International Convention on the Elimination of All Forms of Racial Discrimination, urged States to implement or strengthen legislation and adminis-trative measures prohibiting racial discrimination and related intolerance.
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Aviation Security Law 航空安全法(45)
