Request for the indication of Provisional Measures

I
REQUEST FOR THE INDICATION OF I

SUBMITTED BY THE GOVERNMENT OF THE,

1. 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 ~amahiriya against the

United Kingdom 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 requeet that the Court

indicate provisional measures which ought to be taken

promptly ta preserve the rights of Libya.

2. As set out in the Statement of Facts in the Application of

Libya, the United Kingdom 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 Kingdom of being

responsible far the destruction of Pan American Flight 103

3 on 21 December 1988.

- . I .
~
3. To this end, the United Kingdom has indicated that it may

seek or impose economic, .-air and other sanctions' against

Libya if Libya does not comply with the United Kingdom's

1 demands. While such actions are clearly illegal and

inappropriate under the applicable previsions of the

Montreal Convention, particularly when Libya is complying

in full with that Convention, of cause for even greater

concern is the United Kingdom's 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

interpretation or application of the Montreal Convention,

Libya submits that it is for the Court alone to rule on

validity sf Libya's, and the United Kingdom's, 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

Kingdom 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 Kingdom to abstain

from any action capable of having a prejudicial effect on

the Court1 s d. .sion in the case and to refrain from taking

any step that bight aggravate or extend the dispute as

would surely happen if sanctions are imposed against Libya

or force employed. 6. Given that the Court's jurisdiction 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 Kingdom from taking any action

against Libya calculated to coerce or compel Libya to

surrender the accused individuals to any jurisdiction

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 Kingdom is threatening Libya with

impending economic sanctions and other actions, including

2ai the possibility of recourse to the use of armed force,

Libya urges that this request be treated as a matter of

extreme urgency. lnA this connection, Libya refers to

Article 74(4) 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 upon the Parties to act in such a way as to enable any

Order the Court may make on Libya's request for provisional

measures to have its appropriate effects.

9. Libya further respectfully requests the Court, pursuant to

Articles 74(1) 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.

Reswectfullv submitted.

the Great Socialist rab Jamahiriya

Belgium