Aerial Incident of 27 July 1955 (Israel v. Bulgaria)

OVERVIEW OF THE CASE

This case arose out of the destruction by Bulgarian anti-aircraft defence forces of an aircraft belonging to an Israeli airline. Israel instituted proceedings before the Court by means of an Application in October 1957. Bulgaria having challenged the Court’s jurisdiction to deal with the claim, Israel contended that, since Bulgaria had in 1921 accepted the compulsory jurisdiction of the Permanent Court of International Justice for an unlimited period, that acceptance became applicable, when Bulgaria was admitted to the United Nations in 1955, to the jurisdiction of the International Court of Justice by virtue of Article 36, paragraph 5, of the present Court’s Statute, which provides that declarations made under the Statute of the PCIJ and which are still in force shall be deemed, as between the parties to the present Court’s Statute, to be acceptances applicable to the International Court of Justice for the period which they still have to run and in accordance with their terms. In its Judgment on the preliminary objections, delivered on 26 May 1959, the Court found that it was without jurisdiction on the ground that Article 36, paragraph 5, was intended to preserve only declarations in force as between States signatories of the United Nations Charter, and not subsequently to revive undertakings which had lapsed on the dissolution of the PCIJ.


This overview is provided for information only and in no way involves the responsibility of the Court.

Institution of proceedings


Written proceedings

4 December 1958
Procedure(s):Preliminary objections
Available in:

Oral proceedings

Verbatim record 1959/1 (bilingual version)
Minutes of the Public Hearings held at the Peace Palace, The Hague, from 16 March to 3 April and 26 May 1959, the President, Mr. Klaestad, presiding
Procedure(s):Preliminary objections
Available in:

Orders

Fixing of time-limit: Memorial
Available in:
Fixing of time-limit: Counter-Memorial
Available in:
Fixing of time-limit: Written Statement of observations and submissions on Preliminary Objections
Available in:

Judgments


Summaries of Judgments and Orders

Summary of the Judgment of 26 May 1959
Available in:

Press releases

17 October 1957
The Government of Israel files an Application instituting proceedings against the People's Republic of Bulgaria
Available in:
10 February 1959
Aerial Incident of 27 July 1955 (Israel v. Bulgaria) - The hearings will begin on March 16th, 1959
Available in:
9 March 1959
Aerial Incident of 27 July 1955 (Israel v. Bulgaria) - Representatives of the Parties at the hearings which will begin on March 16th, 1959
Available in:
16 March 1959
Aerial Incident of 27 July 1955 (Israel v. Bulgaria) - Hearing of March 16th, 1959
Available in:
17 March 1959
Aerial Incident of 27 July 1955 (Israel v. Bulgaria) - Hearings of March 17th, 1959
Available in:
18 March 1959
Aerial Incident of 27 July 1955 (Israel v. Bulgaria) - Hearings of March 18th, 1959
Available in:
19 March 1959
Aerial Incident of 27 July 1955 (Israel v. Bulgaria) - Hearing of March 19th, 1959
Available in:
23 March 1959
Aerial Incident of 27 July 1955 (Israel v. Bulgaria) - Hearings of March 23rd, 1959
Available in:
24 March 1959
Aerial Incident of 27 July 1955 (Israel v. Bulgaria) - Hearings of March 24th, 1959
Available in:
25 March 1959
Aerial Incident of 27 July 1955 (Israel v. Bulgaria) - Hearings of March 25th, 1959
Available in:
26 March 1959
Aerial Incident of 27 July 1955 (Israel v. Bulgaria) - Hearing of March 26th, 1959
Available in:
1 April 1959
Aerial Incident of 27 July 1955 (Israel v. Bulgaria) - Hearings of April 1st, 1959
Available in:
2 April 1959
Aerial Incident of 27 July 1955 (Israel v. Bulgaria) - Hearing of April 2nd, 1959
Available in:
3 April 1959
Aerial Incident of 27 July 1955 (Israel v. Bulgaria) - Hearings of April 3rd, 1959
Available in:
19 May 1959
Aerial Incident of 27 July 1955 (Israel v. Bulgaria) - The Court will read its Judgment on the Preliminary Objections on May 26th, 1959
Available in:
26 May 1959
Aerial Incident of 27 July 1955 (Israel v. Bulgaria) - Judgment (Preliminary Objections)
Available in:

Correspondence

16 October 1957
Correspondance
Available in: