Appeal Relating to the Jurisdiction of the ICAO Council (India v. Pakistan)
OVERVIEW OF THE CASE
In February 1971, following an incident involving the diversion to Pakistan of an Indian aircraft, India suspended overflights of its territory by Pakistan civil aircraft. Pakistan took the view that this action was in breach of the 1944 Convention on International Civil Aviation and the International Air Services Transit Agreement and complained to the Council of the International Civil Aviation Organization. India raised preliminary objections to the jurisdiction of the Council, but these were rejected and India appealed to the Court. During the written and oral proceedings, Pakistan contended, inter alia , that the Court was not competent to hear the appeal. In its Judgment of 18 August 1972, the Court found that it was competent to hear the appeal of India. It further decided that the ICAO Council was competent to deal with both the Application and the Complaint of which it had been seised by Pakistan, and accordingly dismissed the appeal laid before it by the Government of India.
This overview is provided for information only and in no way involves the responsibility of the Court.