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ICJ dismisses Pak claim for compensation from India

Our Correspondent in The Hague

In a significant ruling that came as a boost to India, the International Court of Justice at The Hague today said it did not have the jurisdiction to take up Pakistan's case for compensation for the shooting down of a surveillance aircraft over the Kutch region last year.

This was exactly the Indian position. Pakistan had sought $60 million as compensation for the shooting down of the Atlantique naval plane.

A sixteen-judge bench of the court voted 14-2 to dismiss Pakistan's claim. The decision was announced by bench president Gilbert Guillaume of France at a public sitting at The Hague. The verdict is final. There is no appeal.

The Atlantique surveillance aircraft was shot down by the Indian Air Force on August 10, 1999, killing all 16 naval personnel on board. Pakistan claimed the plane was brought down in Pakistani air space.

Public hearings in the case titled 'Aerial incident of August 10, 1999 (Pakistan vs India)' lasted four days ending April 6 last. Arguments centred on the court's jurisdiction in the case.

India's defence was led by Attorney-General Soli Sorabjee. India argued that the court did not have jurisdiction in the matter, citing an exemption it had filed way back in 1974 to exclude disputes between India and other Commonwealth states, and disputes covered by multilateral treaties.

Sorabjee told the court that Pakistan was "solely responsible" for the incident and Islamabad must "bear the consequences of its own acts".

Pakistan sought to politicise the case by referring to the Kashmir issue, the Kargil conflict, Indo-Pak relations and alleged motives for the shooting.

Sorabjee also rejected Pakistan's contention that the Simla Agreement gave a legal basis for invoking the ICJ's jurisdiction in bilateral disputes.

Back in Delhi, Sorabjee expressed happiness with the court's verdict. "We are very happy. The court has accepted all our contentions," he told a television news programme.

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