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List of Current Proceedings: Update

Published online by Cambridge University Press:  03 March 2004

Extract

Libya filed two separate applications on 3 March 1992. In the applications, Libya contended that it had not been possible to settle this dispute by negotiations and that the parties unable to agree on the organization of an arbitration to hear the matter. It accordingly submitted the disputes to the Court on the basis of Article 14, paragraph 1, of the Montreal Convention. Libya refers in the applications to the charging of two Libyan nationals, by the Lord Advocate of Scotland, and by a Grand Jury of the United States, respectively, with having caused a bomb to be placed aboard a Pan-am flight, which bomb subsequently exploded, causing the aeroplane to crash. Libya contends that the United Kingdom and the United States, respectively, by rejecting the Libyan efforts to resolve the matter within the framework of international law, including the Montreal Convention, are pressuring it into surrendering the two Libyan nationals for trial. In this connection, Libya refers to Article 1 of the Montreal Convention, according to which the charge constitutes an offence, and to the several other articles of that Convention which are relevant to Libya's alleged right to jurisdiction over the matter and the prosecution thereof. Libya alleges that these obligations are breached by the United Kingdom and the United States respectively.

Type
HAGUE INTERNATIONAL TRIBUNALS: International Court of Justice
Copyright
© 2000 Kluwer Law International

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Footnotes

This List of Current Proceedings: Update is an update of the List of Current Proceedings as published in 13 LJIL (2000) at 599–602 and covers cases pending from 1 June 2000 onwards that merit attention because of a new procedural event. It describes the course of proceedings in these cases up to 1 October 2000. See, generally, the website of the Court: http://www.icj.cij.org.