Press Release by Pakistan Foreign Office Spokesman
Government of Pakistan today formally filed a case in the ICJ to secure the courts judegment that India was under an obligation to make reparations to Pakistan for the loss of the aircraft and compensation to the heirs of those killed as a result of the breaches of obligations assumed by it under the Charter of the United Nations and the relevant rules of customary International Law and Treaty provisions
The Government of Pakistan has today formally filed a case in the International Court of Justice (ICJ) at The Hague with a view to securing the Court's judgement that India is under an obligation to make reparations to Pakistan for the loss of the aircraft and compensation to the heirs of those killed as a result of the breaches of obligations assumed by it under the Charter of the United Nations and the relevant rules of customary International Law and Treaty provisions.
It would be recalled that on 10th August 1999, Indian Air Force planes fired air to air missiles on an unarmed Atlantique aircraft of Pakistan Navy on a routine training mission while flying over Pakistani air space. All 16 personnel on board were killed. This act of blatant military aggression was unprovoked and in contravention of all universally accepted international legal norms relating to sovereignty of states and inviolability of international borders.
On the same day the Foreign Minister of Pakistan brought the incident to the attention of the President of the UN Security Council underlining, inter-alia, that the responsibility of that wanton and cowardly act rested squarely with India and that Pakistan reserved the right to make an appropriate response in self-defence. A. similar communication was also addressed to the Secretary General of the United Nations by the Foreign Minister on the same date.
On August 25,1999, the Foreign Minister again wrote a letter to the Secretary General of the UN requesting him to send a "Fact Finding Mission" to the region to ascertain facts about the incident.
On August 30,1999 Pakistan formally demanded from India an amount of US $ 60.2 million as compensation for the loss of Pakistani aircraft and for the loss of lives of the personnel on board.
Oil the same day. the Foreign Minister addressed another letter to the President of the UN Security Council urging the Council to take cognizance of the act of aggression by India and support Pakistan's request for a UN Fact Finding Mission and its demand on India for appropriate compensation.
Regrettably India has rejected Pakistan's demand for compensation and has refused to accept a Fact Finding Mission from the United Nations.
Pakistan has, therefore, decided to seek legal recourse through the International Court of Justice.
21 September 1999