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Document Type |
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Article In Journal |
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Document Title |
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The Legal Aspects around Lockerbie Incident, Legal Study within?the?Principles of Public International Law الجوانب القانونية حول حادث لوكربي دراسة قانونية وفقاً لمبادئ القانون الدولي العام |
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Subject |
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Systems |
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Document Language |
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Arabic |
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Abstract |
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Two aircrafts exploded in-flight, namely a US-registered aircraft, Pan Am,
103, over the Scottish town of Lockerbie on December 21, 1988, and a French-registered
aircraft UTA 772 over Niger on September 19, 1989. The two explosions killed (440)
persons. Investigators of the debris of the US-registered aircraft in Lockarbie found a
few fragments of a bomb from these fragments, the U.K. and USA say that a twisting
trail led to the Libyan Secret Services, so the two states issued arrest warrants for two
persons alleged to be employees of the Libyan Secret Services.
France also accused a group of Libyans of destroying the French-registered aircraft,
demanding their extradition, the U.K. USA and France referred the matter to the Security
Council which adopted Resolution 731 on January 21, 1992, Resolution 748, on March
31, 1992 and Resolution 883, on November 11, 1993, applying sanctions not involving
the use of force under Chapter VII of the UN Charter against Libya.
Libya on the other hand, instituting proceedings on March 3, 1992 against the U.K.
and USA before the ICJ in respect of a dispute with the USA and the U.K. over the
interpretation and application of the Montreal Convention for the Suppression of
Unlawful Acts Against the Safety of Civil Aviation 1971, the UN Secretary-General and
the Arab league, Saudi Arabia and South Africa were also involved in attempt to find an
amicable solution to the dispute. Consequently, Libya agreed for a trial under Scots Law
before a Scottish Court sitting at Camp Zeist a military establishment near Utrecht, in
Netherlands On August 27, 1998, the Security Council adopted Resolution 1192
endorsed the idea of a Scottish Trial in the Netherlands and the sanctions were suspended
immediately, after the handover of the accused. The Scottish Court finds Mr. Abdul-
Baset Ali Mohammed Al-Megrahi is guilt while Mr. Al-Amin Khalifa Fhimah is not
guilt. Mr. Al-Megrahi requested the High Court for a sitting in an appellate capacity. If
his appeal is not accepted or the court ratified the judgement of the court in Camp Zeist,
then Libya will be responsible as a state then the U.K. and US will demand that Libya
must pay appropriate compensation. |
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ISSN |
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1319-0997 |
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Journal Name |
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Economics and Administration Journal |
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Volume |
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17 |
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Issue Number |
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1 |
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Publishing Year |
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1424 AH
2003 AD |
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Article Type |
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Article |
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Added Date |
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Sunday, October 11, 2009 |
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