Questions of Interpretation and Application of the 1971 Montreal Convention arising from the Aerial Incident at Lockerbie (Libyan Arab Jamahiriya v. United Kingdom) - Cases removed from the Court's Li

INTERNATIONAL COURT OF WSTICE

Peace Palace, 2517 KJ The Hague. Tel: +31 (0)70 302 23 23. Cables: Intercourt,
The Hague. Fax: +31 (0)70 364 99 28. Telex: 32323. E-mail address:

[email protected]. Internet address: http://www.icj-cij.org.

Press Release

Unofficial

No. 2003/29
10 September 2003

Questions of Interpretation and Application of the 1971 Montreal Convention arising

from the Aerial Incident at Lockerhie O,jbyan Arah Jamahiriya v. United Kingdom)
Ojbyan Arah Jamahiriya v. United States of America)

Cases removed from the Court's J,jst at the joint request of the Parties

THE HAGUE, 10 September 2003. The two cases brought before the International Court of
Justice (ICJ) on 3 March 1992 by Libya, against the United Kingdom and against the United States of

America, in respect of disputes concerning the interpretation and application of the 1971 Montreal
Convention arising from the aerial incident at Lockerbie, have been removed from the Court's List at
the joint request of the Parties.

By two letters of9 September 2003, the Governments ofLibya and the United Kingdom on the

one hand, and of Libya and the United States of America on the other, notified the Court that they
had "agreed to discontinue with prejudice the proceedings".

Following those notifications, on 10 September 2003 the President of the Court, Judge Shi,
made an Order in each case placing on record the discontinuance of the proceedings with prejudice,
by agreement of the Parties, and directing the removal of the case from the Court's List.

*

The disputes brought by Libya to the Court concerned alleged violations of the Montreal
Convention of 23 September 1971 for the Suppression of Unlawful Acts against the Safety of Civil

Aviation.

After the United Kingdom and the United States had raised preliminary objections to the
jurisdiction of the Court and the admissibility of the Applications, the Court, in two separate

Judgments of 27 February 1998, found that there existed disputes between the Parties concerning
the interpretation or application of the Montreal Convention, and that it had jurisdiction to hear the
disputes on the basis of Article 14, paragraph 1, of the Convention. The Court also found the
Libyan claims admissible and stated that it was appropriate, at that stage of the proceedings, to

make a decision on the arguments of the United Kingdom and the United States that resolutions of
the United Nations Security Council had rendered these claims without abject. The written
procedure on the merits had then been resumed. In each of the two cases, a Memorial, a
Counter-Memorial, a Reply and a Rejoinder had been submitted by the Parties within the

prescribed time-limits.

Information Department:
Mr. Arthur Witteveen, First Secretary of the Court (t+l31 70 302 23 36)
Mrs. Laurence Blairon and Mr. Boris Heim, Information Officers (tel: 31 70 302 23 37)
E-mail address: [email protected]