Atlantique Incident - Lawsuit

Lawsuit

On September 21, 1999, Pakistan lodged a compensation claim at the International Court of Justice (ICJ) in The Hague, accusing India of shooting down an unarmed aircraft. Pakistan sought about $60 million in reparations from India and compensation for the victims' families. India's attorney general, Soli Sorabjee, argued that the court did not have jurisdiction, citing an exemption it filed in 1974 to exclude disputes between India and other Commonwealth States, and disputes covered by multi-lateral treaties. In the buildup to the case, India also contended that Pakistan had violated the 1991 bilateral agreement between Pakistan and India on air violations, which states: "Combat aircraft (including, Bombers, Reconnaissance aircraft, Jet military trainers and Armed helicopters) will not fly within 10 km of each other’s airspace including Air Defense Identification Zone."

On June 21, 2000, the 16-judge Bench headed by Gilbert Guillaume of France ruled—with a 14–2 verdict—upholding India's submission that the court had no jurisdiction in this matter. Pakistan's claims were dropped, without recourse to appeal, and the outcome was seen as a decision highly favourable to India. The Pakistan government had spent close to 25 million Pakistani rupees (approx. $400,000) on the case.

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