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028- Aerial Incident of 07 Oct. 1952 (USA vs USSR)

On June 2nd, 1955, the United States filed an application instituting proceedings before the International Court of Justice (ICJ) against the Union of Soviet Socialist Republics (USSR) in connection with the air incident of October 7th, 1954. In this case, a U.S. Navy B-29 aircraft had been destroyed by USSR combat aircraft in international space off the island of Hokkaido in Japan.

The Applicant did not claim that the USSR had given its consent to the jurisdiction of the Court, but invoked Article 36, paragraph 1, of the Statute, according to which the jurisdiction of the Court extends to all cases which the parties submit to it. Since the USSR had declared to the ICJ that it could not accept its jurisdiction in the matter, the Court found that it did not have jurisdiction to hear this case and struck it off the roll by an Order of March 14th, 1956.

Order of 14-03-1956.pdf

This summary is provided for informational purposes only, does not involve the responsibility of Dome and should in no way be used as a substitute for a careful reading of the judgment and order of the case.