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Case Concerning Questions of Interpretation and Application of the 1971 Montreal Convention Arising from the Aerial Incident at Lockerbie (Libyan Arab Jamahiriya v. United Kingdom)

International Court of Justice.  14 April 1992 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Air — Crimes against aircraft — Montreal Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, 1971 — Whether applicable to allegations of State terrorism — System of aut dedere aut punire — Lockerbie bombing

Extradition — General principles — Whether State under a duty to extradite in the absence of an extradition treaty — Anti-terrorist conventions — Montreal Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, 1971 — Extradition provisions — Whether creating duty to extradite — Whether State required to extradite own nationals

International Court of Justice — Provisional measures of protection — Grounds for indication of provisional measures — Requirement that Court’s jurisdiction be established prima facie — Protection of the rights claimed by the Applicant — Whether rights illusory — Whether measures may be indicated solely to prevent extension or aggravation of dispute — Indication of provisional measures by Court proprio motu — Relationship between Court and Security Council — Matter before both Court and Security Council — Duties of both organs — Security Council adopting binding resolution in respect of matter pending before Court — Whether Court possessing powers of judicial review — Whether resolution to be presumed valid at provisional measures stage — Procedure — Court conducting hearings on request for provisional measures — Security Council adopting binding resolution after close of hearings but before Court rules on request

Jurisdiction — Territorial — Bomb exploding on airliner — Jurisdiction of State over whose territory explosion occurred — Jurisdiction of State in which aircraft registered — Suspects located in third State — Suspects nationals of third State — Whether third State entitled to exercise jurisdiction

International organizations — United Nations — Security Council — Powers to maintain international peace and security — United Nations Charter, 1945, Chapter VII — Power to characterize situation as a threat to international peace and security — Acts of terrorism — Power to require State to take specified actions — Demand for surrender of terrorist suspects — Whether within powers of the Council — Limits on the powers of the Council — Whether Council required to observe rules of general international law — Whether International Court of Justice entitled to determine validity of Security Council resolutions — Binding nature of Security Council resolutions — United Nations Charter, Article 25 — Which resolutions of Council are binding — Difference between resolutions adopted under Chapter VI and Chapter VII of the Charter — Effect of binding resolution on rights and obligations arising under other international agreements and under customary law — United Nations Charter, Article 103 — Relationship between Security Council and International Court of Justice

Type
Case Report
Copyright
© Cambridge University Press 1994

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