Critical Analysis on the Lockerbie Case (Libyan Arab Jamahiriya v. United Kingdom)

  • Ramisetty Venkata Ruchita
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  • Ramisetty Venkata Ruchita

    Student at Maharashtra National Law University, Nagpur, India

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Abstract

The Lockerbie case, officially known as the ‘Libyan Arab Jamahiriya v. United Kingdom’ case, arose from the 1988 terrorist bombing of ‘Pan Am Flight 103’ over Lockerbie, Scotland. This case stands as a pivotal moment in international law, addressing the complexities of state sovereignty, terrorism, and the limitations of legal frameworks in the global sphere. The incident involved the destruction of a commercial flight by a bomb, leading to the deaths of 270 people. Libya’s legal response and its interactions with the ‘United Nations Security Council’ and the ‘International Court of Justice’ (ICJ) emphasized tensions between international legal mechanisms & state sovereignty. A major aspect of the case was the conflict between the ‘Security Council’s resolutions’ calling for Libya’s cooperation in handing over suspects and Libya’s appeal to the ICJ, which argued for its jurisdiction under the Montreal Convention on aviation safety. This led to a rare conflict between two major U.N. organs, further complicated by diplomatic negotiations that resulted in a compromise trial held in the Netherlands under Scottish law. The Lockerbie case has lasting implications on international law, particularly in how terrorism is prosecuted and the role of international bodies in enforcing justice. It underscored the challenge of reconciling global security interests with the principles of non-intervention and sovereignty. This research critically analyses the legal aspects of the case, the interplay between different U.N. bodies, and its broader impact on international law.

Keywords

  • State Sovereignty
  • International Court of Justice (ICJ)
  • UN Security Council Resolutions
  • Montreal Convention
  • Terrorism and International Law

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 8, Issue 4, Page 2698 - 2711

DOI: https://doij.org/10.10000/IJLMH.1110248

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