World Court Digest

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III.	The International Court of Justice
2.	THE JURISDICTION OF THE INTERNATIONAL COURT OF JUSTICE
2.1.	General Rules

¤ Aerial Incident of 10 August 1999
(Pakistan v. India)
Jurisdiction of the Court,
Judgment of 21 June 2000

[pp. ] 47. Finally, Pakistan has sought to found the jurisdiction of the Court on paragraph 1 of Article 36 of the Statute. It stated the following in its Memorial:

"The jurisdiction of the International Court of Justice is also founded on the provision contained in Article 36 (1) of the Statute of the Court which states, 'The jurisdiction of the Court comprises all cases which the parties refer to it and all matters specially provided for in the Charter of the United Nations or in treaties and conventions in force.' [Emphasis added in the original.] The said Article of the Statute is to be read with Article 1 (1); Article 2, paras. 3 and 4; Article 33; Article 36 (3) and Article 92 of the United Nations Charter. The obligations undertaken under Article 1 of the agreement on bilateral relations between India and Pakistan of 2nd July, 1972, reaffirms this basis of jurisdiction in Article (1), which states that 'The principles and purposes of the United Nations Charter shall govern the relations between the two countries'."

At the hearings Pakistan's counsel expressed himself as follows:

"let me very briefly recall the two main grounds on which Pakistan rests jurisdiction: (i) the optional clause; (ii) the General Act. I will not pursue the argument that the Court has jurisdiction under Article 36, paragraph 1, as the case specially provided for in the Charter."

48. The Court observes that the United Nations Charter contains no specific provision of itself conferring compulsory jurisdiction on the Court. In particular, there is no such provision in Articles 1, paragraph 1, 2, paragraphs 3 and 4, 33, 36, paragraph 3, and 92 of the Charter, relied on by Pakistan.

49. Pakistan also relied on Article 1 of the Simla Accord, which provides that

"the Government of India and the Government of Pakistan have agreed as follows:

(i) That the principles and purposes of the Charter of the United Nations shall govern the relations between the two countries".

This provision represents an obligation entered into by the two States to respect the principles and purposes of the Charter in their mutual relations. It does not as such entail any obligation on India and Pakistan to submit their disputes to the Court.

[p. D.O. Pirzada] 26. It is clear that between 1947 and 1999 India and Pakistan settled their disputes (i) by negotiations, (ii) through mediation of third parties, (iii) through arbitral or judicial tribunals, (iv) had agreed to have access to the International Court of Justice if no other forum was available, (v) the Parties even filed an appeal or applications before the Court. In these circumstances, the conduct of India is covered by the doctrine of estoppel.

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