The lockerbie Case 1992, Libya V USA, UK, ICJ

The lockerbie Case 1992, Libya V USA, UK, ICJ

Principle: No country is bound to extradite. Special Extradition can be made on special circumstances.

Extradition is a matter of bilateral treaty.

Fact: Pan Am Flight 103 was a regularly scheduled Pan Am transatlantic flight from Frankfurt to Detroit via London and New York. On 21 December 1988, the aircraft was destroyed by a bomb, killing all 243 passengers and 16 crew, Large sections of the aircraft crashed onto residential areas of Lockerbie, United Kingdom, killing 11 more people on the ground.lockerbie Case

After investigation by FBI and others, Two Libyan nationals found convicted .Libyan leader Colonel Muammar Gaddafi handed over the two men for trial at Camp Zeist, Netherlands after protracted negotiations and UN sanctions.

Decision: In 2001, Libyan intelligence officer Abdelbaset al-Megrahi was jailed for life after being found guilty of 270 counts of murder but In August 2009, he was released by the Scottish government for his cancer.

Issue: Whether US compel Libya to surrender its two accused national in absence of any extradition treaty between them?

Decision: without Going into the merit of the case, the court advised Libya to follow the negotiation with UN

Reasoning: Libya had no extradition treaty with US but due to pressure for UN Libya come to an agreement to send the accused for trial under certain condition.

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