3 Institutional Structure and the Position of Members, 3.1 Case Concerning Questions of Interpretation and Application of the 1971 Montreal Convention Arising from the Aerial Incident at Lockerbie (Libya Arab Jamahiriya v United States of America), Request for the Indication of Provisional Measures, Order of 14 April 1992, [1992] ICJ Rep 114

Subject(s):

Membership of international organizations — International organizations, practice and procedure — Responsibility of international organizations

The case presented the International Court of Justice with the possibility of reviewing the legality, or at least the legal effects, of a Chapter VII resolution of the Security Council in contentious proceedings brought by Libya arising out of its refusal to extradite two Libyan agents suspected by the US and UK of being responsible for the 1988 bombing of a Pan Am plane over Lockerbie in Scotland. The case did not reach the merits state but the earlier judicial stages, highlighted in this chapter, suggested that the judicial arm of the UN might have been prepared to review the actions of the executive arm.