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List of Current Proceedings: Update

Published online by Cambridge University Press:  03 March 2004

Extract

On 22 September 1999 the Islamic Republic of Pakistan instituted proceedings against India before the International Court of Justice concerning the shooting down of a Pakistani aircraft by Indian air force planes on 10 August 1999. In its Application filed in the Registry on 21 September 1999 Pakistan contends that the “unarmed Atlantique aircraft of the Pakistan navy was on a routine training mission with sixteen personnel on board” when “while flying over Pakistan air space it was fired upon with air to air missiles by Indian air force planes, without warning”, resulting in the death of all 16 personnel, “mostly young naval trainees”. It maintains that the aircraft, when shot down, was in an area situated approximately 70 to 90 miles east of Karachi and that it was “carrying out various training exercises and manoeuvres of instrument.” According to Pakistan, after radar contact was lost with the aircraft at 10.55 a.m., an intensive search was undertaken by Pakistani aircraft and helicopters and the wreckage was discovered around 2.55 p.m. 2 kilometres inside Pakistan territory. Pakistan further maintains that in the two and a half hours which elapsed between the shooting down and the discovery of the wreckage, “Indian helicopters […] sneaked into Pakistan's territory to pick up a few items from the debris […] in order to produce ‘evidence’ for [India's] initial claim that the Atlantique had been shot down over Indian air space.” However, according to Pakistan, because of the “overwhelming evidence […] Indian officials were obliged to admit that the Atlantique had indeed been shot down over Pakistan's air space.”

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

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Footnotes

This List of Current Proceedings: Update covers cases pending from 1 January 2000 onwards that merit attention because of a new procedural event. It describes the course of proceedings in these cases up to 1 April 2000. See, generally, the website of the Court: http://www.icj-cij.org.