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20000401
Islamabad to
sue New Delhi
before ICJ for
plane downing
AMSTERDAM: Pakistan will sue India before the World Court on Monday for shooting down one of its naval planes last year, killing 16 people.
Pakistan is asking the International Court of Justice (ICJ) in The Hague to rule that India was responsible for bringing down its surveillance aircraft, the Atlantique, on August 10.
It wants India to pay compensation to Pakistan and to the families of the dead personnel, most of them young trainees.
Pakistan says the aircraft was in its air space when India fired air-to-air missiles. It also says Indian helicopters sneaked into Pakistan to pick up crash debris in an effort to convince others the Atlantique had been in Indian air space. India says the plane intruded into its airspace and was fired on after warnings were given, so Pakistan is to blame.
The World Court is the main judicial organ of the United Nations and settles disputes between states in accordance with international law.
Its decisions are binding and without appeal.
LONG LEGAL BATTLE AHEAD
However, before the court can rule, it must first decide whether it has jurisdiction over the case at all.
India argues the World Court's judges do not have jurisdiction, citing a so-called reservation it filed in 1974 to exclude disputes between India and other Commonwealth states and disputes related to hostilities and armed conflicts.
On Monday, lawyers from Pakistan will open their case, trying to convince the judges that these exceptions do not apply to the Atlantique incident.
The hearings will last until Thursday, with two rounds of arguments from both sides.
A ruling could take four months.
Pakistan and India are among 62 countries to have signed up to the World Court's jurisdiction.
The court has 24 cases on its docket including a complaint by Yugoslavia against Nato states involved in air strikes last year and a dispute between Libya and the United States and Britain over the Lockerbie airline bombing.-Reuters
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