Culminated
OVERVIEW OF THE CASE
On 29 April 1999, the Federal Republic of Yugoslavia filed in the Registry of the Court Applications instituting proceedings against Belgium, Canada, France, Germany, Italy, Netherlands, Portugal, Spain, United Kingdom and United States of America for alleged violations of their obligation not to use force against another State. In its Applications against Belgium, Canada, Netherlands, Portugal, Spain and United Kingdom, Yugoslavia referred, as a basis for the jurisdiction of the Court, to Article 36, paragraph 2, of the Statute of the Court and to Article IX of the Convention on the Prevention and Punishment of the Crime of Genocide, adopted by the General Assembly of the United Nations on 9 December 1948. Yugoslavia also relied upon Article IX of that Convention in its Applications against France, Germany, Italy and United States, but also relied on Article 38, paragraph 5, of the Rules of Court.
On 29 April 1999, Yugoslavia also submitted, in each case, an Application for the indication of provisional measures to ensure that the respondent State concerned “cease immediately its acts of use of force and . . . refrain from any act of threat or use of force” against Yugoslavia. After hearings on the provisional measures from 10 to 12 May 1999, the Court delivered its decision in each of the cases on 2 June 1999. In two of them (Yugoslavia v. Spain and Yugoslavia v. United States of America), the Court, rejecting the Request for the indication of provisional measures, concluded that it manifestly lacked jurisdiction and consequently ordered that the cases be removed from the List. In the eight other cases, the Court declared that it lacked prima facie jurisdiction (one of the prerequisites for the indication of provisional measures) and that it therefore could not indicate such measures.
In each of the eight cases which remained on the List, the Respondents filed preliminary objections to jurisdiction and admissibility.
In its Judgments of 15 December 2004, the Court observed that the question whether Serbia and Montenegro was or was not a State party to the Statute of the Court at the time of the institution of the proceedings was fundamental; for if Serbia and Montenegro were not such a party, the Court would not be open to it, unless it met the conditions prescribed in Article 35, paragraph 2, of the Statute.
The Court therefore had to examine whether the Applicant met the conditions for access to it laid down in Articles 34 and 35 of the Statute before examining the issues relating to the conditions laid down in Articles 36 and 37 of the Statute.
The Court pointed out that there was no doubt that Serbia and Montenegro was a State for the purpose of Article 34, paragraph 1, of the Statute. However, the objection had been raised by certain Respondents that, at the time when the Application was filed, Serbia and Montenegro did not meet the conditions set down in Article 35, paragraph 1, of the Statute, because it was not a Member of the United Nations at the relevant time. After recapitulating the sequence of events relating to the legal position of the applicant State vis-à-vis the United Nations, the Court concluded that the legal situation that obtained within the United Nations during the period 1992-2000 concerning the status of the Federal Republic of Yugoslavia, following the break-up of the Socialist Federal Republic of Yugoslavia, had remained ambiguous and open to different assessments. This situation had come to an end with a new development in 2000. On 27 October of that year, the Federal Republic of Yugoslavia requested admission to membership in the United Nations, and on 1 November, by General Assembly resolution 55/12, it was so admitted. The Applicant thus had the status of membership in the Organization as from 1 November 2000. However, its admission to the United Nations did not have, and could not have had, the effect of dating back to the time when the Socialist Federal Republic of Yugoslavia broke up and disappeared. The Court therefore concluded that the Applicant thus was not a Member of the United Nations, and in that capacity a State party to the Statute of the International Court of Justice, at the time of filing its Application to institute the proceedings in each of the cases before the Court on 29 April 1999. As it had not become a party to the Statute on any other basis, the Court was not open to it at that time under Article 35, paragraph 1, of the Statute.
The Court then considered whether it might have been open to the Applicant under paragraph 2 of Article 35. It noted that the words “treaties in force” in that paragraph were to be interpreted as referring to treaties which were in force at the time that the Statute itself came into force, and that consequently, even assuming that the Applicant was a party to the Genocide Convention when instituting proceedings, Article 35, paragraph 2, of the Statute did not provide it with a basis for access to the Court under Article IX of that Convention, since the Convention only entered into force on 12 January 1951, after the entry into force of the Statute.
In the cases against Belgium and the Netherlands, the Court finally examined the question whether Serbia and Montenegro was entitled to invoke the dispute settlement convention it had concluded with each of those States in the early 1930s as a basis of jurisdiction in those cases. The question was whether the conventions dating from the early 1930s, which had been concluded prior to the entry into force of the Statute, might rank as a “treaty in force” for purposes of Article 35, paragraph 2, and hence provide a basis of access. The Court first recalled that Article 35 of the Statute of the Court concerns access to the present Court and not to its predecessor, the Permanent Court of International Justice (PCIJ). It then observed that the conditions for transfer of jurisdiction from the PCIJ to the present Court are governed by Article 37 of the Statute. The Court noted that Article 37 applies only as between parties to the Statute under Article 35, paragraph 1. As it had already found that Serbia and Montenegro was not a party to the Statute when instituting proceedings, the Court accordingly found that Article 37 could not give it access to the Court under Article 35, paragraph 2, on the basis of the Conventions dating from the early 1930s, irrespective of whether or not those instruments were in force on 29 April 1999, the date of the filing of the Application.
This overview is provided for information only and in no way involves the responsibility of the Court.
Institution of proceedings
Written proceedings
29 April 1999
Procedure(s):Provisional measures
Available in:
5 July 2000
Procedure(s):Preliminary objections
Available in:
18 December 2002
Procedure(s):Preliminary objections
Available in:
Oral proceedings
Public sitting held on Monday 10 May 1999, at 10.00 a.m., at the Peace Palace, Vice-President Weeramantry, Acting President, presiding
Procedure(s):Provisional measures
Available in:
Public sitting held on Monday 10 May 1999, at 5.10 p.m., at the Peace Palace, Vice-President Weeramantry, Acting President, presiding
Procedure(s):Provisional measures
Available in:
Public sitting held on Wednesday 12 May 1999, at 10.00 a.m., at the Peace Palace, Vice-President Weeramantry, Acting President, presiding
Procedure(s):Provisional measures
Available in:
Public sitting held on Wednesday 12 May 1999, at 3.35 p.m., at the Peace Palace, Vice-President Weeramantry, Acting President, presiding
Procedure(s):Provisional measures
Available in:
Public sitting held on Tuesday 20 April 2004, at 11 a.m., at the Peace Palace, President Shi presiding
Procedure(s):Preliminary objections
Available in:
Public sitting held on Wednesday 21 April 2004, at 10 a.m., at the Peace Palace, President Shi presiding
Procedure(s):Preliminary objections
Available in:
Public sitting held on Thursday 22 April 2004, at 4.10 p.m., at the Peace Palace, President Shi presiding
Procedure(s):Preliminary objections
Available in:
Public sitting held on Friday 23 April 2004, at 3 p.m., at the Peace Palace, President Shi presiding
Procedure(s):Preliminary objections
Available in:
Other documents
19 February 2003
Procedure(s):Preliminary objections
Available in:
28 February 2003
Procedure(s):Preliminary objections
Available in:
27 February 2004
Procedure(s):Preliminary objections
Available in:
Orders
Request for the Indication of Provisional Measures
Procedure(s):Provisional measures
Available in:
Fixing of time-limit: Written Statement of observations and submissions on Preliminary Objections
Available in:
Extension of time-limit: Written Statement of observations and submissions on Preliminary Objections
Available in:
Extension of time-limit: Written Statement of observations and submissions on Preliminary Objections
Available in:
Judgments
Preliminary Objections
Procedure(s):Preliminary objections
Available in:
Summaries of Judgments and Orders
Press releases
29 April 1999
Legality of Use of Force (Serbia and Montenegro v. France) - Hearings on provisional measures to open on Monday 10 May 1999
Available in:
4 May 1999
Legality of Use of Force (Serbia and Montenegro v. France) - Hearings of Monday 10 and Tuesday 11 May 1999 - Exceptional admission procedure
Available in:
7 May 1999
Legality of Use of Force (Serbia and Montenegro v. France) - Provisional Measures - Programme of the hearings opening on Monday 10 May 1999
Available in:
12 May 1999
Legality of Use of Force (Serbia and Montenegro v. France) - Conclusion of the hearings on provisional measures - The Court ready to consider its decision
Available in:
28 May 1999
Legality of Use of Force (Serbia and Montenegro v. France) - Provisional measures - Court to give its decisions on Wednesday 2 June 1999 at 10.00 a.m.
Available in:
2 June 1999
Legality of Use of Force (Serbia and Montenegro v. France) - The Court rejects the request for the indication of provisional measures submitted by Yugoslavia, but remains seised of the case
Available in:
2 June 1999
Legality of Use of Force (Serbia and Montenegro v. France) - The Court rejects the requests for the indication of provisional measures submitted by Yugoslavia
Available in:
2 July 1999
Legality of Use of Force (Serbia and Montenegro v. France) - The Court fixes time-limits for the filing of written pleadings
Available in:
7 July 2000
Legality of Use of Force (Serbia and Montenegro v. France) - The respondent States challenge the Court's jurisdiction and the admissibility of Yugoslavia's Applications
Available in:
14 September 2000
Legality of Use of Force (Serbia and Montenegro v. France) - Fixing of the time-limits within which Yugoslavia may present written statements on the preliminary objections made by the Respondent States
Available in:
23 February 2001
Legality of Use of Force (Serbia and Montenegro v. France) - The Court extends by one year the time-limits for the filing by Yugoslavia of written statements on the preliminary objections made by the Respondent States
Available in:
22 March 2002
Legality of Use of Force (Serbia and Montenegro v. France) - At the request of Yugoslavia the Court again extends the time-limits for the filing by that State of written statements on the preliminary objections made by the respondent States
Available in:
16 March 2004
Legality of Use of Force (Serbia and Montenegro v. France) - Preliminary Objections - The Court will hold public hearings from 19 to 23 April 2004
Available in:
8 April 2004
Legality of Use of Force (Serbia and Montenegro v. France) - Preliminary Objections - Schedule of public hearings to be held from 19 to 23 April 2004
Available in:
3 May 2004
Legality of Use of Force (Serbia and Montenegro v. France) - Preliminary Objections - Conclusion of the public hearings; Court ready to begin its deliberation
Available in:
3 December 2004
Legality of Use of Force (Serbia and Montenegro v. France) - Preliminary Objections - Court to deliver its decisions on Wednesday 15 December 2004 at 3 p.m.
Available in:
15 December 2004
Legality of Use of Force (Serbia and Montenegro v. France) - Preliminary Objections - The Court finds that it has no jurisdiction to entertain the claims made by Serbia and Montenegro
Available in:
OVERVIEW OF THE CASE
On 28 April 1972, the United Nations Administrative Tribunal gave, in Judgement No. 158, its ruling on a complaint by a former United Nations staff member concerning the non-renewal of his fixed-term contract. The staff member resorted to the machinery set up by the General Assembly in 1955, and applied for the review of this ruling to the Committee on Applications for Review of Administrative Tribunal Judgements, which decided that there was a substantial basis for the application and requested the Court to give an advisory opinion on two questions arising from the Applicant’s contentions. In its Advisory Opinion of 12 July 1973, the Court decided to comply with the Committee’s request considering that the review procedure was not incompatible with the general principles of litigation. It expressed the opinion that, contrary to those contentions, the Tribunal had not failed to exercise the jurisdiction vested in it and had not committed a fundamental error in procedure having occasioned a failure of justice.
This overview is provided for information only and in no way involves the responsibility of the Court.
Request for Advisory Opinion
3 July 1972
Request for Advisory Opinion (including the dossier of documents transmitted to the Court pursuant to article 65, paragraph 2 of the Statute)
Available in:
Written proceedings
15 September 1972
Available in:
Oral proceedings
Reading of the Advisory Opinion - Public Sitting held at the Peace Palace, The Hague, on 12 July 1973, the President, Judge Lachs presiding
Available in:
Orders
Advisory opinions
Available in:
Summaries of Judgments and Orders
Press releases
10 July 1972
Application for the Review of Judgment 158 of the United Nations - Administrative Tribunal - United Nations requests the International Court of Justice to give an Advisory Opinion
Available in:
9 July 1973
Application for the Review of Judgment 158 of the United Nations - Administrative Tribunal - The Court will deliver its Advisory Opinion on 12 July 1973
Available in:
12 July 1973
Application for the Review of Judgment 158 of the United Nations - Administrative Tribunal - The Court delivers its Advisory Opinion
Available in:
Correspondence
OVERVIEW OF THE CASE
On 23 September 1958, Belgium instituted proceedings against Spain in connection with the adjudication in bankruptcy in Spain, in 1948, of the above-named company, formed in Toronto in 1911. The Application stated that the company’s share-capital belonged largely to Belgian nationals and claimed that the acts of organs of the Spanish State whereby the company had been declared bankrupt and liquidated were contrary to international law and that Spain, as responsible for the resultant damage, was under an obligation either to restore or to pay compensation for the liquidated assets. In May 1960, Spain filed preliminary objections to the jurisdiction of the Court, but before the time-limit fixed for its observations and submissions thereon Belgium informed the Court that it did not intend to go on with the proceedings. Accordingly, the case was removed from the List by an Order of 10 April 1961.
This overview is provided for information only and in no way involves the responsibility of the Court.
Institution of proceedings
23 September 1958
Available in:
Written proceedings
21 May 1960
Procedure(s):Preliminary objections
Available in:
Orders
Fixing of time-limit: Written Statement on observations and submissions on Preliminary Objections
Available in:
Extension of time-limit: Written Statement on observations and submissions on Preliminary Objections
Available in:
Removal from the list
Procedure(s):Preliminary objections,Discontinuance
Available in:
Press releases
25 September 1958
The Government of the Kingdom of Belgium instituting proceedings against the Spanish State
Available in:
8 December 1959
Barcelona Traction, Light and Power Company - Extension of the time-limit for the filing of the Counter-Memorial of the Spanish Government
Available in:
23 May 1960
Barcelona Traction, Light and Power Company - The Spanish Government presents Preliminary Objections to the jurisdiction of the Court
Available in:
22 June 1960
Barcelona Traction, Light and Power Company - Time-limit within which Belgium may present a written statement of its observations and submissions on the objections
Available in:
12 November 1960
Barcelona Traction, Light and Power Company - The Court extends the time-limit for the filing of the observations and submissions of the Belgian Government on the Preliminary exceptions
Available in:
10 April 1961
Barcelona Traction, Light and Power Company - The case is removed from the Court's List
Available in:
21 June 1962
Barcelona Traction, Light and Power Company - The Belgian Government files an Application instituting new proceedings concerning the dispute between the Belgian Government and the Spanish Government
Available in:
16 August 1962
Barcelona Traction, Light and Power Company - Time-limits for the filing of Pleadings
Available in:
24 January 1966
Barcelona Traction Light and Power Company, Limited (nouvelle requête: 1962) opposant la Belgique et l'Espagne (French version only)
Available in:
19 December 1966
Barcelona Traction, Light and Power Company, Limited (new application: 1962) (Belgium v. Spain) - Request for extension of the time limit for the filing of the reply
Available in:
17 May 1967
Barcelona Traction, Light and Power Company, Limited (nouvelle requête: 1962) - Dépôt de la réplique de la Belgique (French version only)
Available in:
21 September 1967
Barcelona Traction, Light and Power Company, Limited (nouvelle requête: 1962) (Belgique c. Espagne) - Délai pour le dépôt de la duplique (French version only)
Available in:
5 June 1968
Barcelona Traction, Light and Power Company, Limited (nouvelle requête: 1962) (Belgique c. Espagne) - Demande de délai pour le dépôt de la duplique (French version only)
Available in:
3 March 1969
Barcelona Traction, Light and Power Company, Limited (Belgique c. Espagne) - Ouverture des audiences publiques le 15 avril 1969 (French version only)
Available in:
11 April 1969
Ouverture des audiences dans l'affaire de la Barcelona Traction, Light and Power Company, Limited (Belgique c. Espagne) (French version only)
Available in:
15 April 1969
Barcelona Traction, Light and Power Company, Limited (Belgique c. Espagne) - Ouverture de la procédure orale (French version only)
Available in:
14 May 1969
Barcelona Traction, Light and Power Company, Limited (Belgique c. Espagne) - Fin du premier tour de plaidoiries (French version only)
Available in:
20 May 1969
Barcelona Traction, Light and Power Company, Limited - Début du tour de plaidoiries du Gouvernement espagnol (French version only)
Available in:
20 June 1969
Barcelona Traction, Light and Power Company, Limited - Fin du premier tour de plaidoiries du Gouvernement espagnol (French version only)
Available in:
23 July 1969
Clôture de la procédure orale dans l'affaire de la Barcelona Traction, Light and Power Company, Limited (Belgique c. Espagne) (French version only)
Available in:
30 January 1970
Barcelona Traction, Light and Power Company, Limited (nouvelle requête: 1962) (Belgique c. Espagne) - Le rendu de l'arrêt aura lieu le 5 février 1970 (French version only)
Available in:
5 February 1970
La Cour internationale de Justice rend son arrêt dans l'affaire de la Barcelona Traction, Light and Power Company, Limited (French version only)
Available in:
Correspondence
OVERVIEW OF THE CASE
In this case, Liechtenstein claimed restitution and compensation from the Government of Guatemala on the ground that the latter had acted towards Friedrich Nottebohm, a citizen of Liechtenstein, in a manner contrary to international law. Guatemala objected to the Court’s jurisdiction but the Court overruled this objection in a Judgment of 18 November 1953. In a second Judgment, of 6 April 1955, the Court held that Liechtenstein’s claim was inadmissible on grounds relating to Mr. Nottebohm’s nationality. It was the bond of nationality between a State and an individual which alone conferred upon the State the right to put forward an international claim on his behalf. Mr. Nottebohm, who was then a German national, had settled in Guatemala in 1905 and continued to reside there. In October 1939 — after the beginning of the Second World War — while on a visit to Europe, he obtained Liechtenstein nationality and returned to Guatemala in 1940, where he resumed his former business activities until his removal as a result of war measures in 1943. On the international plane, the grant of nationality is entitled to recognition by other States only if it represents a genuine connection between the individual and the State granting its nationality. Mr. Nottebohm’s nationality, however, was not based on any genuine prior link with Liechtenstein and the sole object of his naturalization was to enable him to acquire the status of a neutral national in time of war. For these reasons, Liechtenstein was not entitled to take up his case and put forward an international claim on his behalf against Guatemala.
This overview is provided for information only and in no way involves the responsibility of the Court.
Institution of proceedings
Written proceedings
9 September 1952
Procedure(s):Preliminary objections
Available in:
11 May 1953
Procedure(s):Preliminary objections
Available in:
20 April 1954
Available in:
2 November 1954
Available in:
Oral proceedings
Minutes of the Public Sittings held at the Peace Palace, The Hague, on November 10th and 18th, 1953, the President, Sir Arnold McNair, presiding
Procedure(s):Preliminary objections
Available in:
Minutes of the Public Sittings held at the Peace Palace, The Hague, on February 10th to 24th, March 2nd to 8th, and April 6th, 1955, the President, Mr. Hackworth, presiding
Available in:
Other documents
28 January 1955
Available in:
Orders
Fixing of time-limit: Written Statement of observations and submissions on Preliminary Objection
Available in:
Judgments
Preliminary Objection (including the text of the declaration of Judge Klaestad)
Procedure(s):Preliminary objections
Available in:
Second Phase
Available in:
Summaries of Judgments and Orders
Press releases
17 December 1951
Nottebohm (Liechtenstein v. Guatemala) - Filing, by Liechtenstein, of an Application instituting proceedings against Guatemala
Available in:
4 November 1953
Nottebohm (Liechtenstein v. Guatemala) - The Court will sit on Tuesday, November 10th, 1953
Available in:
10 November 1953
Nottebohm (Liechtenstein v. Guatemala) - Hearing of November 10th, 1953
Available in:
16 November 1953
Nottebohm (Liechtenstein v. Guatemala) - The Judgment will be read on Wednesday, November 18th, 1953
Available in:
18 November 1953
Nottebohm (Liechtenstein v. Guatemala) - Judgment
Available in:
28 December 1953
Nottebohm (Liechtenstein v. Guatemala) - The Government of Guatemala appoints its Agent and its Counsel
Available in:
26 November 1954
Nottebohm (Liechtenstein v. Guatemala) - Opening of the oral proceedings on Thursday, 10th February, 1955
Available in:
10 February 1955
Nottebohm (Liechtenstein v. Guatemala) - Hearing of February 10th, 1955
Available in:
11 February 1955
Nottebohm (Liechtenstein v. Guatemala) - Hearing of February 11th, 1955
Available in:
14 February 1955
Nottebohm (Liechtenstein v. Guatemala) - Hearings of February 14th, 1955
Available in:
15 February 1955
Nottebohm (Liechtenstein v. Guatemala) - Sittings of February 15th, 1955
Available in:
16 February 1955
Nottebohm (Liechtenstein v. Guatemala) - Sittings of February 16th, 1955
Available in:
17 February 1955
Nottebohm (Liechtenstein v. Guatemala) - Hearing of February 17th, 1955
Available in:
18 February 1955
Nottebohm (Liechtenstein v. Guatemala) - Sitting of February 18th, 1955
Available in:
19 February 1955
Nottebohm (Liechtenstein v. Guatemala) - Sitting of February 19th, 1955
Available in:
21 February 1955
Nottebohm (Liechtenstein v. Guatemala) - Sittings of February 21st, 1955
Available in:
22 February 1955
Nottebohm (Liechtenstein v. Guatemala) - Sittings of February 22nd, 1955
Available in:
23 February 1955
Nottebohm (Liechtenstein v. Guatemala) - Sittings of February 23rd, 1955
Available in:
24 February 1955
Nottebohm (Liechtenstein v. Guatemala) - Sittings of February 24th, 1955
Available in:
2 March 1955
Nottebohm (Liechtenstein v. Guatemala) - Sittings of March 2nd, 1955
Available in:
3 March 1955
Nottebohm (Liechtenstein v. Guatemala) - Sittings of March 3rd, 1955
Available in:
4 March 1955
Nottebohm (Liechtenstein v. Guatemala) - Sittings of March 4th, 1955
Available in:
7 March 1955
Nottebohm (Liechtenstein v. Guatemala) - Sittings of March 7th, 1955
Available in:
8 March 1955
Nottebohm (Liechtenstein v. Guatemala) - Sittings of March 8th, 1955
Available in:
2 April 1955
Nottebohm (Liechtenstein v. Guatemala) - The Court's Judgment will be read on April 6th, 1955
Available in:
Correspondence
OVERVIEW OF THE CASE
The case was brought before the Court by Application by the United States following the occupation of its Embassy in Tehran by Iranian militants on 4 November 1979, and the capture and holding as hostages of its diplomatic and consular staff. On a request by the United States for the indication of provisional measures, the Court held that there was no more fundamental prerequisite for relations between States than the inviolability of diplomatic envoys and embassies, and it indicated provisional measures for ensuring the immediate restoration to the United States of the Embassy premises and the release of the hostages. In its decision on the merits of the case, at a time when the situation complained of still persisted, the Court, in its Judgment of 24 May 1980, found that Iran had violated and was still violating obligations owed by it to the United States under conventions in force between the two countries and rules of general international law, that the violation of these obligations engaged its responsibility, and that the Iranian Government was bound to secure the immediate release of the hostages, to restore the Embassy premises, and to make reparation for the injury caused to the United States Government. The Court reaffirmed the cardinal importance of the principles of international law governing diplomatic and consular relations. It pointed out that while, during the events of 4 November 1979, the conduct of militants could not be directly attributed to the Iranian State — for lack of sufficient information — that State had however done nothing to prevent the attack, stop it before it reached its completion or oblige the militants to withdraw from the premises and release the hostages. The Court noted that, after 4 November 1979, certain organs of the Iranian State had endorsed the acts complained of and decided to perpetuate them, so that those acts were transformed into acts of the Iranian State. The Court gave judgment, notwithstanding the absence of the Iranian Government and after rejecting the reasons put forward by Iran in two communications addressed to the Court in support of its assertion that the Court could not and should not entertain the case. The Court was not called upon to deliver a further judgment on the reparation for the injury caused to the United States Government since, by Order of 12 May 1981, the case was removed from the List following discontinuance.
This overview is provided for information only and in no way involves the responsibility of the Court.
Institution of proceedings
Written proceedings
29 November 1979
Procedure(s):Provisional measures
Available in:
12 January 1980
Procedure(s):Questions of jurisdiction and/or admissibility
Available in:
Oral proceedings
Oral arguments, Minutes of the Public sittings held from 18 to 20 March and on 24 May 1980, President Sir Humphrey Waldock presiding
Procedure(s):Provisional measures
Available in:
Oral arguments, Minutes of the Public sittings held from 18 to 20 March and on 24 May 1980, President Sir Humphrey Waldock presiding
Procedure(s):Questions of jurisdiction and/or admissibility
Available in:
Other documents
Procedure(s):Provisional measures
Available in:
19 March 1981
Procedure(s):Questions of jurisdiction and/or admissibility
Available in:
Orders
Request for the indication of Provisional Measures
Procedure(s):Provisional measures
Available in:
Judgments
Procedure(s):Questions of jurisdiction and/or admissibility
Available in:
Summaries of Judgments and Orders
Press releases
29 November 1979
The United States institutes proceedings against Iran
Available in:
30 November 1979
United States Diplomatic and Consular Staff in Tehran (United States of America v. Iran) - A telegram is sent to both Governments
Available in:
3 December 1979
United States Diplomatic and Consular Staff in Tehran (United States of America v. Iran) - Public hearing to be held on 10 December at 3 p.m.
Available in:
14 December 1979
United States Diplomatic and Consular Staff in Tehran (United States of America v. Iran) - Court's decision on request for provisional measures to be made known at public sitting on 15 December
Available in:
15 December 1979
United States Diplomatic and Consular Staff in Tehran (United States of America v. Iran) - The International Court of Justice indicates provisional measures
Available in:
17 January 1980
United States Diplomatic and Consular Staff in Tehran (United States of America v. Iran) - United States files Memorial
Available in:
17 March 1980
United States Diplomatic and Consular Staff in Tehran (United States of America v. Iran) - Hearings to open on Tuesday 18 March 1980 at 3 p.m.
Available in:
20 March 1980
United States Diplomatic and Consular Staff in Tehran (United States of America v. Iran) - Hearings held on 18 to 20 March 1980
Available in:
21 May 1980
United States Diplomatic and Consular Staff in Tehran (United States of America v. Iran) - Judgment to be delivered on Saturday 24 May
Available in:
24 May 1980
United States Diplomatic and Consular Staff in Tehran (United States of America v. Iran) - The Court delivers its Judgment
Available in:
12 May 1981
United States Diplomatic and Consular Staff in Tehran (United States of America v. Iran) - Case removed from the Court's list
Available in:
Correspondence
OVERVIEW OF THE CASE
By a letter dated 19 December 1994, filed in the Registry on 6 January 1995, the Secretary-General of the United Nations officially communicated to the Registry a decision taken by the General Assembly, by its resolution 49/75 K adopted on 15 December 1994, to submit to the Court, for advisory opinion, the following question : “Is the threat or use of nuclear weapons in any circumstance permitted under international law ?” The resolution asked the Court to render its advisory opinion “urgently”. Written statements were filed by 28 States, and subsequently written observations on those statements were presented by two States. In the course of the oral proceedings, which took place in October and November 1995, 22 States presented oral statements.
On 8 July 1996, the Court rendered its Advisory Opinion. Having concluded that it had jurisdiction to render an opinion on the question put to it and that there was no compelling reason to exercise its discretion not to render an opinion, the Court found that the most directly relevant applicable law was that relating to the use of force, as enshrined in the United Nations Charter, and the law applicable in armed conflict, together with any specific treaties on nuclear weapons that the Court might find relevant.
The Court then considered the question of the legality or illegality of the use of nuclear weapons in the light of the provisions of the Charter relating to the threat or use of force. It observed, inter alia, that those provisions applied to any use of force, regardless of the weapons employed. In addition it stated that the principle of proportionality might not in itself exclude the use of nuclear weapons in self-defence in all circumstances. However at the same time, a use of force that was proportionate under the law of self-defence had, in order to be lawful, to meet the requirements of the law applicable in armed conflict, including, in particular, the principles and rules of humanitarian law. It pointed out that the notions of a “threat” and “use” of force within the meaning of Article 2, paragraph 4, of the Charter stood together in the sense that if the use of force itself in a given case was illegal — for whatever reason — the threat to use such force would likewise be illegal.
The Court then turned to the law applicable in situations of armed conflict. From a consideration of customary and conventional law, it concluded that the use of nuclear weapons could not be seen as specifically prohibited on the basis of that law, nor did it find any specific prohibition of the use of nuclear weapons in the treaties that expressly prohibited the use of certain weapons of mass destruction. The Court then turned to an examination of customary international law to determine whether a prohibition of the threat or use of nuclear weapons as such flowed from that source of law. Noting that the members of the international community were profoundly divided on the matter of whether non-recourse to nuclear weapons over the past 50 years constituted the expression of an opinio juris, it did not consider itself able to find that there was such an opinio juris. The emergence, as lex lata, of a customary rule specifically prohibiting the use of nuclear weapons as such was hampered by the continuing tensions between the nascent opinio juris on the one hand, and the still strong adherence to the doctrine of deterrence on the other. The Court then dealt with the question whether recourse to nuclear weapons ought to be considered as illegal in the light of the principles and rules of international humanitarian law applicable in armed conflict and of the law of neutrality. It laid emphasis on two cardinal principles : (a) the first being aimed at the distinction between combatants and non-combatants ; States must never make civilians the object of attack and must consequently never use weapons that are incapable of distinguishing between civilian and military targets while (b) according to the second of those principles, unnecessary suffering should not be caused to combatants. It follows that States do not have unlimited freedom of choice in the weapons they use. The Court also referred to the Martens Clause, according to which civilians and combatants remained under the protection and authority of the principles of international law derived from established custom, the principles of humanity and the dictates of public conscience.
The Court indicated that, although the applicability to nuclear weapons of the principles and rules of humanitarian law and of the principle of neutrality was not disputed, the conclusions to be drawn from it were, on the other hand, controversial. It pointed out that, in view of the unique characteristics of nuclear weapons, the use of such weapons seemed scarcely reconcilable with respect for the requirements of the law applicable in armed conflict. The Court was led to observe that “in view of the current state of international law and of the elements of fact at its disposal, [it] cannot conclude definitively whether the threat or use of nuclear weapons would be lawful or unlawful in an extreme circumstance of self-defence, in which the very survival of a State would be at stake”. The Court added, lastly, that there was an obligation to pursue in good faith and to conclude negotiations leading to nuclear disarmament in all its aspects under strict and effective international control.
This overview is provided for information only and in no way involves the responsibility of the Court.
Request for Advisory Opinion
6 January 1995
Request for Advisory Opinion (including the dossier of documents transmitted to the Court pursuant to article 65, paragraph 2 of the Statute)
Available in:
Written proceedings
Available in:
18 May 1995
Available in:
13 June 1995
Available in:
14 June 1995
Available in:
15 June 1995
Available in:
15 June 1995
Available in:
15 June 1995
Available in:
16 June 1995
Available in:
16 June 1995
Available in:
16 June 1995
Available in:
16 June 1995
Available in:
19 June 1995
Available in:
19 June 1995
Available in:
19 June 1995
Available in:
19 June 1995
Available in:
19 June 1995
Available in:
19 June 1995
Available in:
19 June 1995
Available in:
19 June 1995
Available in:
20 June 1995
Available in:
20 June 1995
Available in:
20 June 1995
Available in:
20 June 1995
Available in:
20 June 1995
Available in:
20 June 1995
Available in:
20 June 1995
Available in:
20 June 1995
Available in:
20 June 1995
Available in:
20 June 1995
Available in:
22 June 1995
Available in:
Oral proceedings
Public sitting held on Monday 30 October 1995, at 10 a.m., at the Peace Palace, President Bedjaoui presiding
Available in:
Public sitting held on Wednesday 1 November 1995, at 10 a.m., at the Peace Palace, President Bedjaoui presiding
Available in:
Public sitting held on Thursday 2 November 1995, at 10 a.m., at the Peace Palace, President Bedjaoui presiding
Available in:
Public sitting held on Friday 3 November 1995, at 10 a.m., at the Peace Palace, President Bedjaoui presiding
Available in:
Public sitting held on Monday 6 November 1995, at 10 a.m., at the Peace Palace, President Bedjaoui presiding
Available in:
Public sitting held on Tuesday 7 November 1995, at 10 a.m., at the Peace Palace, President Bedjaoui presiding
Available in:
Public sitting held on Thursday 9 November 1995, at 10 a.m., at the Peace Palace, President Bedjaoui presiding
Available in:
Public sitting held on Friday 10 November 1995, at 10 a.m., at the Peace Palace, President Bedjaoui presiding
Available in:
Public sitting held on Monday 13 November 1995, at 10.35 a.m., at the Peace Palace, President Bedjaoui presiding
Available in:
Public sitting held on Tuesday 14 November 1995, at 10 a.m., at the Peace Palace, President Bedjaoui presiding
Available in:
Public sitting held on Tuesday 14 November 1995, at 3.30 p.m., at the Peace Palace, President Bedjaoui presiding
Available in:
Public sitting held on Wednesday 15 November 1995, at 10 a.m., at the Peace Palace, President Bedjaoui presiding
Available in:
Public sitting held on Wednesday 15 November 1995, at 3 p.m., at the Peace Palace, President Bedjaoui presiding
Available in:
Orders
Fixing of time-limits: Written Statements and Written Comments on the Written Statements
Available in:
Advisory opinions
Available in:
Summaries of Judgments and Orders
Press releases
23 December 1994
The General Assembly of the United Nations requests an advisory opinion on the legality of the threat or use of nuclear weapons
Available in:
2 February 1995
Legality of the Threat or Use by a State of Nuclear Weapons (Request for Advisory Opinion by the General Assembly of the United Nations) - Order fixing time-limits
Available in:
27 June 1995
Legality of the Threat or Use by a State of Nuclear Weapons (Request for Advisory Opinion by the General Assembly of the United Nations) - Hearings to open on 30 October 1995 - Submission of written comments
Available in:
27 September 1995
Legality of the Threat or Use by a State of Nuclear Weapons (Request for Advisory Opinion by the General Assembly of the United Nations) - Submission of written comments
Available in:
27 October 1995
Legality of the Use by a State of Nuclear Weapons in Armed Conflict (Request for Advisory Opinion by the World Health Organization) - Legality of the Threat or Use of Nuclear Weapons (Request for Advisory Opinion by the General Assembly of the United Nations) - Hearings of the Court opening on 30 October 1995
Available in:
20 November 1995
Legality of the Use by a State of Nuclear Weapons in Armed Conflict (Request for Advisory Opinion by the World Health Organization) - Legality of the Threat or Use of Nuclear Weapons (Request for Advisory Opinion by the General Assembly of the United Nations) - Progress and conclusion of hearings
Available in:
28 June 1996
Legality of the Use by a State of Nuclear Weapons (Request for Advisory Opinion by the World Health Organization) - Legality of the Threat or Use of Nuclear Weapons (Request for Advisory Opinion by the General Assembly of the United Nations) - Advisory Opinions to be delivered on 8 July 1996
Available in:
8 July 1996
Legality of the Threat or Use of Nuclear Weapons - (Request for Advisory Opinion by the General Assembly of the United Nations) - Advisory Opinion
Available in:
OVERVIEW OF THE CASE
On 29 May 1996, the Government of Botswana and the Government of Namibia notified jointly to the Registrar of the Court a Special Agreement which had been signed between them on 15 February 1996 and had entered into force on 15 May 1996, for the submission to the Court of the dispute existing between them concerning the boundary around Kasikili/Sedudu Island and the legal status of that island. The Special Agreement referred to a Treaty between Great Britain and Germany concerning the respective spheres of influence of the two countries, signed on 1 July 1890, and to the appointment on 24 May 1992 of a Joint Team of Technical Experts to determine the boundary between Namibia and Botswana around Kasikili/Sedudu Island on the basis of that Treaty and of the applicable principles of international law. Unable to reach a conclusion on the question submitted to it, the Joint Team of Technical Experts recommended recourse to a peaceful settlement of the dispute on the basis of the applicable rules and principles of international law. At a Summit Meeting held in Harare, Zimbabwe, on 15 February 1995, the Presidents of the two States agreed to submit the dispute to the Court.
Taking account of the relevant provisions of the Special Agreement, the Court, by an Order dated 24 June 1996, fixed time-limits for the filing, by each of the Parties, of a Memorial and a Counter-Memorial. Those pleadings were duly filed within the time-limits fixed.
The Court, in view of the agreement between the Parties, also authorized the filing of a Reply by each Party. The Replies were duly filed within the time-limits so prescribed.
In its Judgment of 13 December 1999, the Court began by stating that the island in question, which in Namibia is known as “Kasikili”, and in Botswana as “Sedudu”, is approximately 3.5 sq km in area, that it is located in the Chobe River, which divides around it to the north and south, and that it is subject to flooding of several months’ duration, beginning around March. It briefly outlined the historical context of the dispute, then examined the text of the 1890 Treaty, which, in respect of the region concerned, located the dividing line between the spheres of influence of Great Britain and Germany in the “main channel” of the River Chobe. In the Court’s opinion, the real dispute between the Parties concerned the location of that main channel, Botswana contending that it was the channel running north of Kasikili/Sedudu Island and Namibia the channel running south of the island. Since the Treaty did not define the notion of “main channel”, the Court itself proceeded to determine which was the main channel of the Chobe River around the Island. In order to do so, it took into consideration, inter alia, the depth and the width of the channel, the flow (i.e., the volume of water carried), the bed profile configuration and the navigability of the channel. After considering the figures submitted by the Parties, as well as surveys carried out on the ground at different periods, the Court concluded that “the northern channel of the River Chobe around Kasikili/Sedudu Island must be regarded as its main channel”. Having invoked the object and purpose of the 1890 Treaty and its travaux préparatoires, the Court examined at length the subsequent practice of the parties to the Treaty. The Court found that that practice did not result in any agreement between them regarding the interpretation of the Treaty or the application of its provisions. The Court further stated that it could not draw conclusions from the cartographic material “in view of the absence of any map officially reflecting the intentions of the parties to the 1890 Treaty” and in the light of “the uncertainty and inconsistency” of the maps submitted by the Parties to the dispute. It finally considered Namibia’s alternative argument that it and its predecessors had prescriptive titles to Kasikili/Sedudu Island by virtue of the exercise of sovereign jurisdiction over it since the beginning of the century, with the full knowledge and acceptance of the authorities of Botswana and its predecessors. The Court found that, while the Masubia of the Caprivi Strip (territory belonging to Namibia) did indeed use the island for many years, they did so intermittently, according to the seasons and for exclusively agricultural purposes, without it being established that they occupied the island à titre de souverain, i.e., that they were exercising functions of State authority there on behalf of the Caprivi authorities. The Court therefore rejected that argument. After concluding that the boundary between Botswana and Namibia around Kasikili/Sedudu Island followed the line of deepest soundings in the northern channel of the Chobe and that the island formed part of the territory of Botswana, the Court recalled that, under the terms of an agreement concluded in May 1992 (the “Kasane Communiqué”), the Parties had undertaken to one another that there should be unimpeded navigation for craft of their nationals and flags in the channels around the Island.
This overview is provided for information only and in no way involves the responsibility of the Court.
Institution of proceedings
Written proceedings
Oral proceedings
Public sitting held on Monday 15 February 1999, at 10 a.m., at the Peace Palace, President Schwebel presiding
Available in:
Public sitting held on Tuesday 16 February 1999, at 10 a.m., at the Peace Palace, President Schwebel presiding
Available in:
Public sitting held on Wednesday 17 February 1999, at 10 a.m., at the Peace Palace, President Schwebel presiding
Available in:
Public sitting held on Thursday 18 February 1999, at 10 a.m., at the Peace Palace, President Schwebel presiding
Available in:
Public sitting held on Monday 22 February 1999, at 10 a.m., at the Peace Palace, President Schwebel presiding
Available in:
Public sitting held on Tuesday 23 February 1999, at 10 a.m., at the Peace Palace, President Schwebel presiding
Available in:
Public sitting held on Wednesday 24 February 1999, at 10 a.m., at the Peace Palace, President Schwebel presiding
Available in:
Public sitting held on Thursday 25 February 1999, at 10 a.m., at the Peace Palace, President Schwebel presiding
Available in:
Public sitting held on Monday 1 March 1999, at 10 a.m., at the Peace Palace, President Schwebel presiding
Available in:
Public sitting held on Tuesday 2 March 1999, at 10 a.m., at the Peace Palace, President Schwebel presiding
Available in:
Public sitting held on Thursday 4 March 1999, at 10 a.m., at the Peace Palace, President Schwebel presiding
Available in:
Public sitting held on Friday 5 March 1999, at 10 a.m., at the Peace Palace, President Schwebel presiding
Available in:
Other documents
12 February 1999
Available in:
2 March 1999
Available in:
Orders
Judgments
Available in:
Summaries of Judgments and Orders
Press releases
26 June 1996
Kasikili/Sedudu Island (Botswana/Namibia) - Fixing of time-limits for the filing of the initial written pleadings
Available in:
27 February 1998
Kasikili/Sedudu Island (Botswana/Namibia) - Fixing of a time-limit for the filing of further written pleadings
Available in:
1 October 1998
Kasikili/Sedudu Island (Botswana/Namibia) - Hearings to be held from 15 February to 5 March 1999 on the merits of the case
Available in:
10 February 1999
Kasikili/Sedudu Island (Botswana/Namibia) - Hearings to open on 15 February 1999 on the merits of the case
Available in:
5 March 1999
Kasikili/Sedudu Island (Botswana/Namibia) - Conclusion of the hearings on the merits of the case - The Court ready to consider its Judgment
Available in:
7 December 1999
Kasikili/Sedudu Island (Botswana/Namibia) - Court to deliver its Judgment on Monday 13 December 1999
Available in:
13 December 1999
Kasikili/Sedudu Island (Botswana/Namibia) - The Court finds that Kasikili/Sedudu Island forms part of the territory of Botswana
Available in:
OVERVIEW OF THE CASE
On 3 March 1992 the Libyan Arab Jamahiriya filed in the Registry of the Court two separate Applications instituting proceedings against the Government of the United States of America and the Government of the United Kingdom, in respect of a dispute over the interpretation and application of the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation signed in Montreal on 23 September 1971, a dispute arising from acts resulting in the aerial incident that occurred over Lockerbie, Scotland, on 21 December 1988. In its Applications, Libya referred to the charging and indictment of two Libyan nationals by a Grand Jury of the United States of America and by the Lord Advocate of Scotland, respectively, with having caused a bomb to be placed aboard Pan Am flight 103. The bomb subsequently exploded, causing the aeroplane to crash, all persons aboard being killed. Libya pointed out that the acts alleged constituted an offence within the meaning of Article 1 of the Montreal Convention, which it claimed to be the only appropriate Convention in force between the Parties, and asserted that it had fully complied with its own obligations under that instrument, Article 5 of which required a State to establish its own jurisdiction over alleged offenders present in its territory in the event of their non-extradition ; and that there was no extradition treaty between Libya and the respective other Parties, so that Libya was obliged under Article 7 of the Convention to submit the case to its competent authorities for the purpose of prosecution. Libya contended that the United States of America and the United Kingdom were in breach of the Montreal Convention through rejection of its efforts to resolve the matter within the framework of international law, including the Convention itself, in that they were placing pressure upon Libya to surrender the two Libyan nationals for trial. On 3 March 1992, Libya made two separate requests to the Court to indicate forthwith certain provisional measures, namely : (a) to enjoin the United States and the United Kingdom respectively from taking any action against Libya calculated to coerce or compel it to surrender the accused individuals to any jurisdiction outside Libya ; and (b) to ensure that no steps were taken that would prejudice in any way the rights of Libya with respect to the legal proceedings that were the subject of Libya’s Applications.
On 14 April 1992, the Court read two Orders on those requests for the indication of provisional measures, in which it found that the circumstances of the cases were not such as to require the exercise of its powers to indicate such measures. Within the time-limit fixed for the filing of its Counter-Memorial, each of the respondent States filed preliminary objections : the United States of America filed certain preliminary objections requesting the Court to adjudge and declare that it lacked jurisdiction and could not entertain the case ; the United Kingdom filed certain preliminary objections to the jurisdiction of the Court and to the admissibility of the Libyan claims. In accordance with the provisions of Article 79 of the Rules of Court, the proceedings on the merits were suspended in those two cases. By Orders dated 22 September 1995, the Court then fixed 22 December 1995 as the time-limit within which the Libyan Arab Jamahiriya might present, in each case, a written statement of its observations and submissions on the preliminary objections raised, which it did within the prescribed time-limit.
On 27 February 1998, the Court delivered two Judgments on the preliminary objections raised by the United Kingdom and the United States of America. The Court first began by dismissing the Respondents’ respective objections to jurisdiction on the basis of the alleged absence of a dispute between the Parties concerning the interpretation or application of the Montreal Convention. It declared that it had jurisdiction on the basis of Article 14, paragraph 1, of that Convention to hear the disputes between Libya and the respondent States concerning the interpretation or application of the provisions of the Convention. The Court then went on to dismiss the objection to admissibility based on Security Council resolutions 748 (1992) and 883 (1993). Lastly, it found that the objection raised by each of the respondent States on the ground that those resolutions would have rendered the claims of Libya without object did not, in the circumstances of the case, have an exclusively preliminary character.
In June 1999, the Court authorized Libya to submit a Reply, and the United Kingdom and the United States to file Rejoinders. Those pleadings were filed by the Parties within the time-limits laid down by the Court and its President.
By two letters of 9 September 2003, the Governments of Libya and the United Kingdom on the one hand, and of Libya and the United States on the other, jointly notified the Court that they had “agreed to discontinue with prejudice the proceedings”. Following those notifications, the President of the Court, on 10 September 2003, 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.
This overview is provided for information only and in no way involves the responsibility of the Court.
Institution of proceedings
Written proceedings
3 March 1992
Procedure(s):Provisional measures
Available in:
20 June 1995
Procedure(s):Preliminary objections
Available in:
22 December 1995
Procedure(s):Preliminary objections
Available in:
Oral proceedings
Public sitting held on Thursday 26 March 1992, at 10.20 a.m., at the Peace Palace, Vice-President Oda presiding
Procedure(s):Provisional measures
Available in:
Public sitting held on Thursday 26 March 1992, at 3 p.m., at the Peace Palace, Vice-President Oda presiding
Procedure(s):Provisional measures
Available in:
Public sitting held on Saturday 28 March 1992, at 9 a.m., at the Peace Palace, Vice-President Oda presiding
Procedure(s):Provisional measures
Available in:
Public sitting held on Saturday 28 March 1992, at 3 p.m., at the Peace Palace, Vice-President Oda presiding
Procedure(s):Provisional measures
Available in:
Public sitting held on Monday 13 October 1997, at 10 a.m., at the Peace Palace, Vice-President Weeramantry, Acting President, presiding
Procedure(s):Preliminary objections
Available in:
Public sitting held on Tuesday 14 October 1997, at 10 a.m., at the Peace Palace, Vice-President Weeramantry, Acting President, presiding
Procedure(s):Preliminary objections
Available in:
Public sitting held on Friday 17 October 1997, at 10 a.m., at the Peace Palace, Vice-President Weeramantry, Acting President, presiding
Procedure(s):Preliminary objections
Available in:
Public sitting held on Friday 17 October 1997, at 3 p.m., at the Peace Palace, Vice-President Weeramantry, Acting President, presiding
Procedure(s):Preliminary objections
Available in:
Public sitting held on Monday 20 October 1997, at 10 a.m., at the Peace Palace, Vice-President Weeramantry, Acting President, presiding
Procedure(s):Preliminary objections
Available in:
Public sitting held on Wednesday 22 October 1997, at 10 a.m., at the Peace Palace, Vice-President Weeramantry, Acting President, presiding
Procedure(s):Preliminary objections
Available in:
Other documents
2 April 1992
Procedure(s):Provisional measures
Available in:
4 November 1997
Available in:
6 November 1997
Procedure(s):Preliminary objections
Available in:
Orders
Request for the indication of Provisional Measures
Procedure(s):Provisional measures
Available in:
Fixing of time-limit: Written Statement of observations and submissions on Preliminary Objections
Available in:
Authorizing submission of Reply and Rejoinder; fixing of time-limit: Reply
Available in:
Judgments
Preliminary Objections
Procedure(s):Preliminary objections
Available in:
Summaries of Judgments and Orders
Press releases
12 March 1992
New Member of the Court to make his solemn declaration - Hearings in new cases submitted by Libya
Available in:
24 March 1992
Questions of Interpretation and Application of the 1971 Montreal Convention arising from the Aerial Incident at Lockerbie (Libyan Arab Jamahiriya v. United Kingdom) - Solemn declaration of Judge ad hoc Ahmed Sadek El-Kosheri
Available in:
30 March 1992
Questions of Interpretation and Application of the 1971 Montreal Convention arising from the Aerial Incident at Lockerbie (Libyan Arab Jamahiriya v. United Kingdom) - Progress and conclusion of public hearings
Available in:
9 April 1992
Questions of Interpretation and Application of the 1971 Montreal Convention arising from the Aerial Incident at Lockerbie (Libyan Arab Jamahiriya v. United States of America) - Requests for the indication of provisional measures - Court to give its decisions on Tuesday 14 April 1992
Available in:
14 April 1992
Questions of Interpretation and Application of the 1971 Montreal Convention arising from the Aerial Incident at Lockerbie (Libyan Arab Jamahiriya v. United Kingdom) - Request for the Indication of Provisional Measures - The Court decides not to exercise its power to indicate provisional measures
Available in:
24 June 1992
Questions of Interpretation and Application of the 1971 Montreal Convention arising from the Aerial Incident at Lockerbie (Libyan Arab Jamahiriya v. United Kingdom) - Fixing of time-limits
Available in:
27 September 1995
Questions of Interpretation and Application of the 1971 Montreal Convention arising from the Aerial Incident at Lockerbie (Libyan Arab Jamahiriya v. United Kingdom) - Filing of Preliminary Objections by the Respondents
Available in:
1 October 1997
Questions of Interpretation and Application of the 1971 Montreal Convention arising from the Aerial Incident at Lockerbie (Libyan Arab Jamahiriya v. United Kingdom) - Hearings on Preliminary Objections to open on 13 October 1997
Available in:
22 October 1997
Questions of Interpretation and Application of the 1971 Montreal Convention arising from the Aerial Incident at Lockerbie (Libyan Arab Jamahiriya v. United Kingdom) - Lockerbie: conclusion of the hearings on the issue of the jurisdiction of the ICJ - The Court ready to consider its judgment
Available in:
23 February 1998
Questions of Interpretation and Application of the 1971 Montreal Convention arising from the Aerial Incident at Lockerbie (Libyan Arab Jamahiriya v. United Kingdom) - Jurisdiction of the Court and admissibility of Libyan claims - Court to give its decisions on Friday 27 February
Available in:
27 February 1998
Questions of Interpretation and Application of the 1971 Montreal Convention arising from the Aerial Incident at Lockerbie (Libyan Arab Jamahiriya v. United Kingdom) - Preliminary Objections - The Court will proceed to consider the case on the merits
Available in:
1 April 1998
Questions of Interpretation and Application of the 1971 Montreal Convention arising from the Aerial Incident at Lockerbie (Libyan Arab Jamahiriya v. United Kingdom) - United Kingdom and United States to file Counter-Memorials by 30 December 1998
Available in:
18 December 1998
Questions of Interpretation and Application of the 1971 Montreal Convention arising from the Aerial Incident at Lockerbie (Libyan Arab Jamahiriya v. United Kingdom) - Extension of the time-limit for the filing of the Counter-Memorials of the United Kingdom and of the United States
Available in:
1 July 1999
Questions of Interpretation and Application of the 1971 Montreal Convention arising from the Aerial Incident at Lockerbie (Libyan Arab Jamahiriya v. United Kingdom) - Libya to submit a Reply in each of the cases by 29 June 2000
Available in:
13 September 2000
Questions of Interpretation and Application of the 1971 Montreal Convention arising from the Aerial Incident at Lockerbie (Libyan Arab Jamahiriya v. United Kingdom) - Fixing of the time-limits for the filing of Rejoinders by the United Kingdom and the United States
Available in:
10 September 2003
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 List at the joint request of the Parties
Available in:
OVERVIEW OF THE CASE
On 14 April and 5 June 1972, respectively, the United Kingdom and the Federal Republic of Germany instituted proceedings against Iceland concerning a dispute over the proposed extension by Iceland, as from 1 September 1972, of the limits of its exclusive fisheries jurisdiction from a distance of 12 to a distance of 50 nautical miles. Iceland declared that the Court lacked jurisdiction, and declined to be represented in the proceedings or file pleadings. At the request of the United Kingdom and the Federal Republic, the Court in 1972 indicated, and in 1973 confirmed, provisional measures to the effect that Iceland should refrain from implementing, with respect to their vessels, the new regulations regarding the extension of the zone of its exclusive fishing rights, and that the annual catch of those vessels in the disputed area should be limited to certain maxima. In Judgments delivered on 2 February 1973, the Court found that it possessed jurisdiction ; and in Judgments on the merits of 25 July 1974, it found that the Icelandic regulations. constituting a unilateral extension of exclusive fishing rights to a limit of 50 nautical miles were not opposable to either the United Kingdom or the Federal Republic, that Iceland was not entitled unilaterally to exclude their fishing vessels from the disputed area, and that the Parties were under mutual obligations to undertake negotiations in good faith for the equitable solution of their differences.
This overview is provided for information only and in no way involves the responsibility of the Court.
Institution of proceedings
Written proceedings
19 July 1972
Procedure(s):Provisional measures
Available in:
13 October 1972
Procedure(s):Questions of jurisdiction and/or admissibility
Available in:
31 July 1973
Available in:
Oral proceedings
Oral arguments on Request for the Indication of Interim Measures of protection, Minutes of the public sittings held at the Peace Palace, The Hague, on 1 and 17 August 1972, President Sir Muhammad Zafrulla Khan presiding
Procedure(s):Provisional measures
Available in:
Oral Arguments on Jurisdiction of the Court - Minutes of the Public Sittings held at the Peace Palace, The Hague, on 5 January and 2 February 1973, President Sir Muhammad Zaffrulla Khan, presiding
Procedure(s):Questions of jurisdiction and/or admissibility
Available in:
Oral Arguments on the Merits of the dispute submitted by the Government of Great Britain and Northern Ireland - Minutes of the Public Sittings held at the Peace Palace, The Hague, on 25 and 29 March and 25 July 1974, President Lachs, presiding
Available in:
Other documents
3 August 1972
Available in:
2 April 1974
Available in:
14 May 1974
Available in:
Orders
Provisional Measures
Procedure(s):Provisional measures
Available in:
Fixing of time-limits: Memorial and Counter-Memorial
Available in:
Continuance of interim measures of protection
Procedure(s):Provisional measures
Available in:
Judgments
Jurisdiction of the Court
Procedure(s):Questions of jurisdiction and/or admissibility
Available in:
Merits
Available in:
Summaries of Judgments and Orders
Press releases
20 July 1972
Compétence en matière de pêcheries (Royaume-Uni c. Islande) - Le Royaume-Uni demande des mesures conservatoires (French version only)
Available in:
31 July 1972
Compétence en matière de pêcheries - Composition des délégations (French version only)
Available in:
4 August 1972
Compétence en matière de pêcheries - Audiences du 1er et 2 août 1972 (French version only)
Available in:
11 August 1972
Compétence en matière de pêcheries - L'arrêt sera rendu le 17 août 1972 (French version only)
Available in:
17 August 1972
La Cour internationale de Justice indique des mesures conservatoires dans les affaires de la Compétence en matière de pêcheries (French version only)
Available in:
22 August 1972
Compétence en matière de pêcheries - Ordonnances du 18 août 1972 (French version only)
Available in:
9 December 1972
Compétence en matière de pêcheries - Les audiences en vue d'entendre les plaidoiries sur la question de la compétence de la Cour auront lieu les 5 et 8 janvier 1973 (French version only)
Available in:
4 January 1973
Compétence en matière de pêcheries - Composition des délégations (French version only)
Available in:
9 January 1973
Compétence en matière de pêcheries - Audiences du 5 et 8 janvier 1973 (French version only)
Available in:
30 January 1973
Compétence en matière de pêcheries (Royaume-Uni c. Islande) (République fédérale d'Allemagne c. Islande) - Les arrêts sur la compétence seront rendus le 2 février 1973 à 10 heures (French version only)
Available in:
2 February 1973
La Cour internationale de Justice se déclare compétente dans l'affaire de la Compétence en matière de pêcheries (Royaume-Uni c. Islande) (French version only)
Available in:
15 February 1973
Compétence en matière de pêcheries (Royaume-Uni c. Islande) (République fédérale d'Allemagne c. Islande) - Date d'expiration des délais pour la procédure écrite sur le fond (French version only)
Available in:
12 July 1973
Compétence en matière de pêcheries - Maintien en vigueur des mesures conservatoires (French version only)
Available in:
15 March 1974
Compétence en matière de pêcheries - Date des audiences en vue d'entendre les plaidoiries sur le fond (French version only)
Available in:
29 March 1974
Compétence en matière de pêcheries - Audiences des 25, 28 et 29 mars 1974 (French version only)
Available in:
18 July 1974
Compétence en matière de pêcheries - La Cour rendra ses arrêts sur le fond le jeudi 25 juillet 1974 (French version only)
Available in:
25 July 1974
Compétence en matière de pêcheries (Royaume-Uni c. Islande) - La Cour rend son arrêt sur le fond du différend (French version only)
Available in:
Correspondence
OVERVIEW OF THE CASE
On 9 May 1973, Australia and New Zealand each instituted proceedings against France concerning tests of nuclear weapons which France proposed to carry out in the atmosphere in the South Pacific region. France stated that it considered the Court manifestly to lack jurisdiction and refrained from appearing at the public hearings or filing any pleadings. By two Orders of 22 June 1973, the Court, at the request of Australia and New Zealand, indicated provisional measures to the effect, inter alia , that pending judgment France should avoid nuclear tests causing radioactive fall-out on Australian or New Zealand territory. By two Judgments delivered on 20 December 1974, the Court found that the Applications of Australia and New Zealand no longer had any object and that it was therefore not called upon to give any decision thereon. In so doing the Court based itself on the conclusion that the objective of Australia and New Zealand had been achieved inasmuch as France, in various public statements, had announced its intention of carrying out no further atmospheric nuclear tests on the completion of the 1974 series.
This overview is provided for information only and in no way involves the responsibility of the Court.
Institution of proceedings
Written proceedings
9 May 1973
Procedure(s):Provisional measures
Available in:
16 May 1973
Procedure(s):Intervention
Available in:
23 November 1973
Procedure(s):Questions of jurisdiction and/or admissibility
Available in:
Oral proceedings
Oral Arguments on the Request for the Indication of Interim Measures of Protection - Minutes of the Public Sittings held at the Peace Palace, The Hague, on 21, 22, 23 and 25 May 1973, President Lachs presiding, and on 22 June 1973, Vice-President Ammoun presiding
Procedure(s):Provisional measures
Available in:
Oral arguments on Jurisdiction and Admissibility - Minutes of the public sittings held at the Peace Palace, The Hague, on 4, 5, 6, 8, 9 and 11 July and 20 December 1974, President Lachs presiding
Procedure(s):Questions of jurisdiction and/or admissibility
Available in:
Other documents
30 May 1973
Available in:
Orders
Request for the indication of interim measures of protection, fixing of time-limits: Memorial and Counter-Memorial
Procedure(s):Provisional measures
Available in:
Application by Fiji for Permission to Intervene
Procedure(s):Intervention
Available in:
Application by Fiji for Permission to Intervene
Procedure(s):Intervention
Available in:
Judgments
Procedure(s):Questions of jurisdiction and/or admissibility
Available in:
Summaries of Judgments and Orders
Press releases
17 May 1973
Essais nucléaires - La France n'accepte pas la juridiction de la Cour (French version only)
Available in:
17 May 1973
Essais nucléaires - Les audiences s'ouvriront le lundi 21 mai à 15 heures (French version only)
Available in:
18 May 1973
Essais nucléaires - Composition des délégations (French version only)
Available in:
25 May 1973
Essais nucléaires - Audiences du 21 au 25 mai 1973 (French version only)
Available in:
20 June 1973
Essais nucléaires - Le rendu des décisions de la Cour sur les demandes en indication de mesures conservatoires aura lieu le vendredi 22 juin 1973 (French version only)
Available in:
22 June 1973
Essais nucléaires (Australie c. France) - La Cour internationale de Justice indique des mesures conservatoires (French version only)
Available in:
12 July 1973
Essais nucléaires - Requêtes à fin d'intervention (French version only)
Available in:
8 August 1973
Essais nucléaires - Déclarations publiées dans la presse (French version only)
Available in:
29 August 1973
Suite de la procédure dans l'affaire des Essais nucléaires (Australie c. France) (French version only)
Available in:
26 March 1974
Essais nucléaires (Australie c. France) - Résolution adoptée le 21 mars 1974 (French version only)
Available in:
24 June 1974
Essais nucléaires - Début des audiences le jeudi 4 juillet 1974 (French version only)
Available in:
9 July 1974
Essais nucléaires - Composition des délégations (French version only)
Available in:
11 July 1974
Essais nucléaires - Audiences des 10 et 11 juillet 1974 (French version only)
Available in:
16 December 1974
La Cour rendra ses arrêts dans les deux affaires des Essais nucléaires le vendredi 20 décembre 1974 à 15 heures (French version only)
Available in:
20 December 1974
Essais nucléaires (Australie c. France) - Arrêt de la Cour (French version only)
Available in:
Correspondence
Pagination
- Previous page
- Page 9
- Next page