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: //www .icj-cij.org
Communiqué
unofficial
forimmediaterelease
No. 99/43
22 September 1999
Pakistan institutes proceedings against India
concerning the shooting down of a Pakistani aircraft
THE HAGUE, 22 September 1999. The Islamic Republic of Pakistan bas instituted
proceedings against India before the International Court of Justice (ICJ) concerning the shooting
dawn of a Pakistani aircraft by Indian air force planes on 10 August 1999.
ln its Application filed in the Registry on1 September 1999, Pakistan contends that the
"unarmed Atlantique aircraftof the Pakistan navy was on a routine training mission with sixteen
personnel on board" when "while flying over Pakistan air space it was fired upon with air to air
missiles by lndian air force planes, without waming", resulting in the death ali 16 personnel,
"mostly young naval trainees". 1t maintains that the aircraft, when shot down, was in an area
situated approximately 70 to 90 miles east of Karachi and that it was "carrying out various training
exercises and manoeuvres of instrument". According to Pakistan, after radar contact was lost with
the aircraft at 10.55 a.m, an intensive search was undertaken by Pakistani aircraft and helicopters
and the wreckage was discovered around 2.55 p.m. 2 kilometres inside Pakistan territory.
Pakistan further maintains thatin the two and a half hours which elapsed between the
shooting dawn and the discovery of the wreckage, "lndian helicopters ..sneaked into Pakistan's
territory to pick up a few items from the debrisin arder to produce 'evidence'for [India's]initial
claim that the Atlantique bad been shot down over lndian air space". However, according to
Pakistan, because of the "overwhelming evidence ... Indian officiais were obliged to admit that
the Atlantique had indeed been shot dawn over Pakistan's air space".
In its Application, Pakistan states that the above-mentioned acts constitute breacheshe
obligation to refrain from the threat use of force under Article 2, paragraph 4, of the Charter of
the United Nations; of the provisions of the Agreement of 6 April 1991 between Pakistan and lndia
on Prevention of Air Space Violations; and of the obligations under customary international law
not to use force and not to violate the sovereignty of another State.
Pakistan therefore requests the Court to judge and declare that "the acts of lndia ...
constitute breaches of the[se] various obligations ..for which ... lndia bears exclusive legal
responsibility" and that "India is underobligation to make reparations to ... Pakistan for the loss
of the aircraft and as compensation to the heirs of those killed". ~2 ~
As a basis for the Court'sjurisdiction, Pakistan invokes the declarations by which both States
have accepted the compulsory jurisdiction of the Court.
The full text of Pakistan's Application will shortly be available on the Court's website at the
following address:://ww.icj-cij.org
Information Office:
Arthur Witteveen, First Secre+31 70 302 23 36)
Laurence Blairon, Information Officer (tel: 23 37)
E~maili:fonnation@~ci.rg
•
•
Pakistan institutes proceedings against India concerning the shooting down of a Pakistani aircraft