In 1988 Pan Am flight 103 from Frankfurt to NY, via London exploded over Scotland. In 1991 a warrant was issued in Scotland for the arrest of two officers in the Libyan intelligence service. Libya response was to take steps to prosecute in its own courts.
At the request of the US, UK and France in 1992 the Security council resolution 731, stated that failure to renounce to terrorism constituted a threat to international peace and security, and ‘urged’ Libya to respond to the request of those states to extradite two Libyan nationals for trial in Scotland.
Libya asked the court to declare that
1. it had complied with its obligations under the Montreal convention by taking steps to investigate and prosecute [aut dedere aut udicare principle, either extradite or try, Libyan law prohibited extradition of nationals]
2. UK has breached the convention by seeking to force Libya to return the alleged offenders and not providing assistance for the Libyan government. Libya asked for interim measures of protection: not to surrender the accused individuals to any other jurisdiction but Libya
The same day Libya instituted proceedings the SC issued resolution 748, under chapter VII, requiring Libya (on grounds of terrorism) to return the offenders and imposed sanctions
Jurisdiction: 14 Montreal Convention: ‘any dispute concerning the interpretation or application of this convention, which cannot be settled through negotiation, shall, at the request of one party, be submitted to arbitration. If within 6 months of the request unable to agree, ICJ’