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INTERNATIONAL COURTOFJUSTICE
Peace Palace, 2517 KJ The Hague. Tel.(31-70-302 23 23). Cables: Intercourt, The Hague.
Telefax (31-70-364 99 28). Telex 32323. Internet address: http: Il www.icj-cij.org
Communiqué
unofficial
forimmediaterelease
No. 98/ll
1 April 1998
Questions of Interpretation and Application of the 1971 Montreal Convention
arising from the Aerial Incident at Lockerbie
(Libyan Arab Jamahiriya v. United Kingdom)
(Libyan Arab Jamahiriya v. United States of America)
United Kingdom and United States to file Counter-Memorials
by 30 December 1998
THE HAGUE, 1 Aprill998. The International Court of Justice (ICJ), the principaljudicial
organ of the United Nations, fixed 30 December 1998 as the time-Iimit for the filing of the
Counter-Memorials of the United Kingdom and of the United States of America in the cases
concerning the aeriai incident at Lockerbie brought against them by Libya.
The Court made this decision by way of Orders dated 30 March 1998, taking into account
the views of the Parties.
In two separate Judgments handed dawn on 27 February last, the Court declared that it had
jurisdiction to deal with the meritsf the disputes between Libya and the United Kingdom, and
between Libya and the United States. It based its jurisdiction on Article 14, paragraph 1, of the
Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation signed in
Montreal on 23 September 1971, conceming the settlement of disputes on the interpretation or
application of the provisions of that Convention. The Court also found the Libyan claims
admissible and stated that it was not appropriate, at this stage of the proceedings, to make adecision
on the arguments of the United Kingdom and the United States that resolutions of the United
Nations Security Council have rendered these claims without abject.
Libya contends that the United Kingdom and the United States do not have the right to
cornpel it to surrender two Libyan nationais suspected of having caused the destruction of Pan Am
fiight 13 aver the town of Lockerbie, Scot!and, on 21 December 1988, in which 270 people died
(ali 259 passengers and crew and 11 people on the ground). Libya argues that the Montreal
Convention enables it to try the suspects itself.
Any contentious proceedings before the Court consist of two parts: written and oral.
During the written phase, written pleadings are exchanged. In bath the above-mentioned cases,
the Applicant (Libya) has alreadyfiled a Memorial on"themerits and consequently, the Court had
to fix a time-Iimit for the filingCounter-Memorials by the Respondents (the United Kingdom
and the United States). Upon the closure of the written proceedings, hearings are organized.
It is only after these that thert starts considering its Judgment on the merits. - 2 -
History of the dispute
On 3 March 1992, Libya filed in the Registry of the Court two Applications instituting
proceedings against the United Kingdom and the United States of America conceming disputes on
the interpretation or application of the Montreal Convention.
Libya referred to charges made by the Lord Advocate of Scotland and -an American
Grand Jury against two Libyan nationals suspected of being involved in the Lockerbie incident.
Following these charges, the United Kingdom and the United States bad demanded that Libya
surrender the suspects for trial either in Scotland or in the United States.
In its Applications, Libya argued that there was no extradition treaty between itself and
United Kingdom, nor between itself and the United States, and that according to the Montreal
Convention, it was entitled to try the suspects itself.
On 3 March 1992, Libya also asked the Court to indicate provisional measures to prevent
further action by the United Kingdom and the United States to campel it to surrender the accused
before any examination of the cases on the merits.By Orders dated 14 Apri1 1992, the Court
nonetheless found that the circumstances were not such as to require the exercise of its power to
indicate such measures.
After Libya filed its written pleadings, the United Kingdom and the United States raised
objections to the Court'sjurisdiction and the adrnissibility of the Libyan claims, matters which were
deterrnined by the Court in two Judgments on 27 February 1998.
After the Lockerbie incident, the Security Council of the United Nations adopted
three resolutions (731, 748 and 883, two of which imposed sanctions) urging Libya "to provide a
full and effective response" to the requests of the United Kingdom and the United States "so asto
contribute to the elimination of international terrorism".
Website address of theCourt: http://www.icj-cij.org
Information Office: •
Mr. Arthur Witteveen, Secretary of the Court (tel: 31-70-302 2336)
Mrs. Laurence Blairon, Information Officer (tel: 31-70-302 2337)
- United Kingdom and United States to file Counter-Memorials by 30 December 1998
Questions of Interpretation and Application of the 1971 Montreal Convention arising from the Aerial Incident at Lockerbie (Libyan Arab Jamahiriya v. United States of America) - United Kingdom and United States to file Counter-Memorials by 30 December 1998