Case Digest: U.S. v. Bulgaria, ICJ 1959 [Aerial Incidence Case]

 Public International Law | Jurisdiction of the ICJ: Contentious jurisdiction

  • In 1946, the U.S. accepted the compulsory jurisdiction of the ICJ with a reservation concerning disputes within its domestic jurisdiction.
  • In 1955, the El Al Israel airliner was shot down by Bulgarian military in Bulgarian airspace, leading to 58 deaths, including six American nationals.
  • Israel brought the case to ICJ (Israel v. Bulgaria, 1959), but the Court ruled it did not have jurisdiction on the grounds that Bulgaria’s acceptance of the optional clause in the Statute of the Permanent Court of International Justice (the PCU, precursor to the ICJ) did not carry over to acceptance of the optional clause for the ICJ when Bulgaria joined the UN, since Bulgaria had not been an original party to the UN Charter and the Statute of the ICJ.
  • In 1957, the U.S. pursued a claim against Bulgaria for violations of international law and injuries to U.S. nationals, seeking damages plus interest.
  • Bulgaria raised objections, including the invocation of Connally Amendment to exempt matters within its domestic jurisdiction from ICJ jurisdiction.
  • Bulgaria contended that its airspace security and anti-aircraft defenses were within its domestic jurisdiction and requested the Court to declare itself incompetent to adjudicate.
  • In 1960, the U.S. withdrew its application from the Court just before oral hearings.
  • The Court accepted the withdrawal, ending the dispute.

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