Case Analysis: To Review or Not to Review? The Lockerbie Cases Before the World Court

Abstract

On 27 February 1998, the International Court of Justice rejected the preliminary objections of the US and of the UK in the cases concerning Questions of Interpretation and Application of the 1971 Montreal Convention Arising From the Aerial Incident at Lockerbie. The arguments made to the Court, and its decisions on jurisdiction and admissibility, are examined with a view to ascertaining the issues facing the Court, as well as the possible outcomes, if the cases reach the merits stage. The disputes over the Montreal Convention are considered, but particular attention is paid to the legal effects and, more widely, the legality of the relevant Security Council resolutions (Resolutions 748 and 883). The underlying question to be considered is whether there are any indications in the judgments that the Court is moving towards review of those resolutions.