Aerial Incident of 7 November 1954 (United States of America v. Union of Soviet Socialist Republics)

In this case, as well as in the cases concerning the Treatment in Hungary of Aircraft and Crew of the United States of America (United States of America v. Hungarian People's Republic); Treatment in Hungary of Aircraft and Crew of the United States of America (United States of America v. Union of Soviet Socialist Republics); Aerial Incident of 10 March 1953 (United States of America v. Czechoslovakia); Aerial Incident of 7 October 1952 (United States of America v. Union of Soviet Socialist Republics); and Aerial Incident of 4 September 1954 (United States of America v. Union of Soviet Socialist Republics), the United States did not claim that the States against which the Applications were made had given any consent to jurisdiction, but relied on Article 36, paragraph 1, of the Court’s Statute, which provides that the jurisdiction of the Court comprises all cases which the parties refer to it. The United States stated that it submitted to the Court’s jurisdiction for the purpose of the above-mentioned cases and indicated that it was open to the other Governments concerned to do likewise. These Governments having stated in each case that they were unable to submit to the Court’s jurisdiction in the matter, the Court found that it did not have jurisdiction to deal with these six cases, and removed them from its List.