Questions of Interpretation and Application of the 1971 Montreal Convention arising from the Aerial Incident at Lockerbie (Libyan Arab Jamahiriya v. United Kingdom) - Hearings on Preliminary Objection

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INTERNATIONAL COURTOFJUSTICE
Peace Palace, 2517 KJ The Hague. Tel.(31-70-302 23 23). Cables: Intercourt, The Hague.

Telefax (31-70.:.36499 28). Telex 32323. Internet address: http: Il www.icj-cij.org

Communiqué
unofficial
forimmediate release

No. 97112
1 October 1997

Cases concerning Questions of Interpretation and Application of the 1971 Montr~al
Convention arising from the Aerial Incident at Lockerbie
Q..ibyanArab .Tamahiriya v. United Kingdom)
(Lib.yanArab Jamahiriya v. United States of America)

Hearings on Preliminacy Objections to open on 13 October 1997

The Hague, 1 October. Disputes between Libya and the United Kingdom and Libya and the
United States over the surrender and prosecution of two Libyan nationals in regard to the
destruction of PanAm flight 103over Lockerbie, Scotland on 21 December 1988,will bethe abject .

of public hearings in the International Court of Justice to begin on Mooday l3 October 1997. at
l0.00 a.m. The competence of the Court is the immediate issue.

Investigationsofthe aircraft's destructinnthe United Kingdom and the United States led,­
inNovember 1991, to allegations that two Libyan nationals "bad caused a boto be placed aboard
[that flight] ..which bomb had exploded, causing the aeroplane to crash". The two States theo

demanded, inter alithat Libya surrender the accused for trial. The UN Security Council adopted
a resolution in January 1992urging Libya "immediately to provide a full and effective response to
those requests so asto contribute to the elimination of international terrorism".

In bringing the two cases to the Court on 3 March 1992, Libya argued that, because the
alleged acts constituted anoffencewithin the meaning ofArticle 1of the 1971 Montreal Convention .

for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, the Court had
jurisdiction in tenns of Article 14, paragraph 1, of that Convention over a dispute conceming its
interpretation or application. Libya claimed that that Convention was the goveming agreement
between the Parties and that Libya bad fully complied with its own obligations under it by taking
measures to exercise its criminal jurisdiction and to prosecute the accused, but that the other Party
in each of the cases had breached its obligations by refusing to co-operate with Libya within the
framework of the Montreal Convention.

, On 3 March 1992, Libya had requested the Court to indicate provisional measures - an
interim injunction - preventing further action by the other two Parties aimed at forcing Libya to
surrender the accused, and ordering that these two Parties refrain from any actions, or initiatives
within the Security Co6ncil which would prejudice the Court's decision on the merits or Libya's
right to exercise its own criminal jurisdiction. The Court held, however, that the circumstances

the case did not require the exercise of its power to order provisionaJ measures. - 2 -

The United Kingdom and the United States thereafter filed objections to the Court's
jurisdiction and the admissibility of the claims, which is the matter now coming before the Court.

The oral proceedings, opening on 13 October and concluding on 22 October, will be confined
to these questions.

*

Vice-President Christopher G. Weeramantry will preside in each of the two cases.
President Stephen M. Schwebel will sit as a member of the hench.

Libya has chosen Mr. Ahrned Sadek El Kosheri to sit as Judge ad hoc in each of the two
cases. After Judge Rosalyn Higgins had informed theCourt that she should not take part in either
of the two cases, the United Kingdom chose Sir Robert Jennings, former President of the Court,
to sit as Judge ad hoc in the case brought by Libya against the United Kingdom.

*

NOTE FOR THE PRESS

1. The public sittings will be held in the Great Hall of Justice of the Peace Palace,

The Hague, The Netherlands. Members of the Press will be entitled to attend on presentation of
an admission card, which may be obtained upon application. The tables reserved for them are
situated on the far leftf the public entrance of the courtroom. Please note that no portable
telephones or other audible electronic deviees are allowed in the Great Hall of Justice.

2. Photographs may be taken at the opening, during the first five minutes of the sittings and
also for a few minutes towards their end. Filming for television purposes is authorized; advance
notice-o be given as per paragraph 5 below.

3. In the Press Room, located on the ground floor of the Peace Palace (Room 5), the Court's
proceedings will be relayed through a loudspeaker.

4. Members of the Press who wish to make phone calls may use the public telephones in the
Post Office in the basement of the Palace. •

5. Mr. Arthur Witteveen, Secretary of the Court (Press and Information Matters)
(tel. No. 31-70-302 2336), or Mrs. Laurence BIairon, Information Officer (tel. No. 31-70-302 2337)

will be available to deal with any requests for information by members of the Press or for making
arrangements for television coverage.