3 March 1992
REQUEST FOR THE INDICATION OF
PROVISIONAL MEASURES OF PROTECTION
SUBMITTED BY THE GOVERNMENT OF THE
SOCIALIST PEOPLE'S LIBYAN ARAB JAMAHIRIYA
I have the honour to refer to the Application submitted to
the Court this day instituting proceedings in the name of
the Socialist People's Libyan Arab Samahiriya against the
United States of America and to submit, in accordance with
Article 41 of the Statute of the Court and Articles 73, 74
and 75 of the Rules of Court, an urgent request that the
Court indicate provisional measures which ought to be taken
promptly to preserve the rights of Libya.
2. As set out in the Statement of Facts in the Application of
Libya, the United States is actively seeking to bypass the
provisions of the Montreal Convention by threatening
various actions against Libya in order to compel Libya, in
contravention of the Montreal Convention, to surrender two
Libyan nationals accused by the United States of being
responsible for the destruction of Pan American Flight 103
on 21 December 1988.
3. To this end, the United States has indicated that 'standard
procedures are clearly inapplicablef, and that it may seek
or impose economic, air and other sanctions against Libya if Libya does not comply with the United States' demands.
While such actions are clearly illegal and inappropriate
under the applicable provisions of the Montreal Convention,
particularly when Libya is complying in full with that
Convention, of cause for even greater concern is the United
States' refusal to rule out the use of armed force against
Libya if the accused are not surrendered.
4. In as much as the present dispute involves the
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interpretation or application of the Montreal Convention,
Libya submits that it is for the Court alone to rule on
validity of Libya's, and the United Statest, actions under
that Convention.
Pending the Court's decision, it is imperative that a
situation not be permitted to arise whereby Libya's rights
would be irreparably damaged either in fact or in law.
Only by granting provisional measures enjoining the United
States from taking such actions against Libya can Libya's
rights be preserved.
5. By the same reasoning, interim measures are urgently
required in order to cause the United States to abstain
from any action capable of having a prejudicial effect on
the Court's decision in the case and to refrain from taking
any step that might aggravate or extend the dispute as
would surely happen if sanctions are imposed against Libya
or force employed.
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6. Given that the Court's jurisdictioh in the case is prima
facie established under the Montreal Convention, Libya
submits that there are no impediments to indicating
provisional measures.
7. Accordingly, pending final judgment in the case, Libya
respectfully requests the Court to indicate forthwith the
following provisional measures:
(a) To enjoin the United States from taking any action
against Libya calculated to coerce or compel Libya to
surrender the accused individuals to any jurisdictioh
outside of Libya; and
(b) to ensure that no steps are taken that would prejudice
in any way the rights of Libya with respect to the
legal proceedings that are the subject of Libya's
Application.
8. In view of the seriousness of the present situation and the
fact that the United States is threatening Libya with
impending economic sanctions and other actions, including
the possibility of recourse to the use of armed force,
Libya urges that this request be treated as a matter of
extreme urgency. In this connection, Libya refers to
Article 7414) of the Rules of Court and respectfully
requests the President, pending the meeting of the Court,
to exercise the power conferred by that Article to call
3 upon the Parties to act in such a way as to enable any
Order the Court may make on Libyaf s request for provisional
measures to have its appropriate effects.
9. Libya further respectfully requests the Court, pursuant to
Articles 7411) and 74(3) of the Rules of the Court, to set
a hearing for this request at the earliest possible date.
10. Libya has designated the undersigned as its Agent for the
purposes of any proceedings relating to this request.
Respectfully submitted,
Se of
the Great Jamahiriya
Belgium
Request for the indication of Provisional Measures