Questions of Interpretation & Application of the 1971 Montreal Convention (Aerial Incident at Lockerbie) (Libya v. USA)

Lockerbie memorialOn 10 September 2003, after more than ten years of proceedings before the International Court of Justice (ICJ), the disputes between Libya and both the United Kingdom and the United States concerning the extradition of two Libyan citizens were removed from the Court’s List following the Parties’ withdrawal from the proceedings. The two Libyans were accused of the destruction of Pan Am flight 103.

The disputes had been brought by Libya before the ICJ on 3 March 1992 for alleged violations of the Montreal Convention of 23 September 1971 for the Suppression of Unlawful Acts against the Safety of Civil Aviation (“the Convention”) following the aerial incident that occurred over Lockerbie, Scotland, on 21 December 1988, which killed 270 people, mostly Americans.

Libya claimed that the United States and the United Kingdom’s requests to extradite the two Libyan citizens infringed the Convention and that, in the absence of extradition treaties between the Parties, only the Libyan authorities had jurisdiction to try its nationals.

On 10 September 2003, at the joint request of the Parties, the cases were removed from the Court’s List. The two Libyan accused have been tried by an ad hoc Scottish Court established in the Netherlands. Al Megrahi, who has been sentenced to life imprisonment, is awaiting the final Appeals judgment.

Read more about the Lockerbie case

The case is also subject to ongoing proceedings before a Scottish Court in Al-Megrahi et al. (Lockerbie trial).

Research/ Court Documents
Lockerbie (Libya v. USA): Application, 3-3-1992Lockerbie (Libya v. USA): Declaration of Acting President Oda, 14-4-1992Lockerbie (Libya v. USA): Declaration of Judge Herczegh, 27-2-1998 (translation)Lockerbie (Libya v. USA): Declaration of Judge Ni, 14-4-1992Lockerbie (Libya v. USA): Dissenting Opinion of Judge Ajibola, 14-4-1992Lockerbie (Libya v. USA): Dissenting Opinion of Judge Bedjaoui, 14-4-1992Lockerbie (Libya v. USA): Dissenting Opinion of Judge El-Kosheri, 14-4-1992Lockerbie (Libya v. USA): Dissenting opinion of Judge Oda, 27-2-1998Lockerbie (Libya v. USA): Dissenting Opinion of Judge Ranjeva, 14-4-1992 (translation)Lockerbie (Libya v. USA): Dissenting Opinion of Judge Weeramantry, 14-4-1992Lockerbie (Libya v. USA): Dissenting opinion of President Schwebel, 27-2-1998Lockerbie (Libya v. USA): Joint Declaration of Judge Evensen et al., 14-4-1992 (translation)Lockerbie (Libya v. USA): Joint declaration of Judges Bedjaoui, Ranjeva and Koroma, 27-2-1998 (translation)Lockerbie (Libya v. USA): Joint declaration of Judges Guillaume and Fleischhauer, 27-2-1998Lockerbie (Libya v. USA): Judgment (Preliminary Objections), 27-2-1998Lockerbie (Libya v. USA): Order, 10-9-2003Lockerbie (Libya v. USA): Order, 17-12-1998Lockerbie (Libya v. USA): Order, 19-6-1992Lockerbie (Libya v. USA): Order, 22-9-1995Lockerbie (Libya v. USA): Order, 29-6-1999Lockerbie (Libya v. USA): Order, 30-3-1998Lockerbie (Libya v. USA): Order, 6-9-2000Lockerbie (Libya v. USA): Request for the indication of Provisional Measures, 14-4-1992Lockerbie (Libya v. USA): Separate opinion of Judge Kooijmans, 27-2-1998Lockerbie (Libya v. USA): Separate Opinion of Judge Lachs, 14-4-1992Lockerbie (Libya v. USA): Separate opinion of Judge Rezek, 27-2-1998 (translation)Lockerbie (Libya v. USA): Separate Opinion of Judge Shahabuddeen, 14-4-1992Lockerbie (Libya v. USA): Summary of Judgment, 27-2-1998Lockerbie (Libya v. USA): Summary of Order, 14-4-1992
Research/ miscellaneous (Research Document)
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