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This is an archive article published on June 23, 2000

Atlantique case — ICJ rules in India’s favour

THE HAGUE, JUNE 22: Not a single plea of Pakistan in the Atlantique downing case found favour with the international court of Justice (ICJ...

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THE HAGUE, JUNE 22: Not a single plea of Pakistan in the Atlantique downing case found favour with the international court of Justice (ICJ) which rejected the case after accepting India’s arguments that the court had no jurisdiction to hear the case.

The court rejected Pakistan’s contention that Britain was a party to the General Act of 1928, both the neighbouring countries which gained independence from this foreign power, were bound by the act which provided for resolution of differences through permanent court of justice.

India argued that "the general act of 1928 is no longer in force and that even if it were, it could not be effectively invoked as a basis for the court’s jurisdiction".

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India further contended that it had by a letter dated September 18, 1974, to the UN secretary general had declared that "India considered that it had never been a party to the general act of 1928 as an independent state".

ICJ in its ruling said: "India, in any event, would have ceased to be bound by the general act of 1928 at the latest on August 16, 1979, the date on which a denunciation of the general act under Article 45 thereof would have taken effect."

"India could not be regarded as party to the said act at the date when the application in the present case was filed by Pakistan," the court said.

Meanwhile, Pakistan on Thursday said the ICJ’s decision "reflects poorly on the court’s ability to address international crimes".

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A foreign ministry spokesman described as "unfortunate" the ruling by the court that it had no jurisdiction to deal with the complaint, according to the official Associated Press of Pakistan News Agency.

Pakistan had gone to the international court complaining that India shot down its unarmed Atlantique naval surveillance aircraft last August while it was on a routine training flight within its own territory.

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