Lockerbie Case (Libya v.

US - 1998)
FACTS: A bomb exploded on board a Pan Am plane over Lockerbie, Scotland. UK and US accused two Libyan
nationals of placing the bomb aboard the plane and issued a declaration enjoining Libya to surrender the two
men. Libya requested the Court for provisional measures to enjoin the US from the use of any force against
Libya. Previous to this, the Security Council adopted Resolution 748 determining the failure of Libya to
surrender the two accused as a threat to international peace and security.
ISSUE: Whether said provisional measures should be granted to Libya
RULING: The Court denied the request for provisional measures. It reasoned that since Libya and the US are
UN members, they are obliged to accept and carry out the decisions of the Security Council. Such obligation
prevails over the duty of the parties under the Montreal Convention. An indication of the measures requested by
Libya would be likely to impair the rights, which appear prima facie to be enjoyed by the United States by
virtue of the Security Council Resolution.