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040- Aerial Incident of 04 Sept. 1954 (USA vs USSR)

On July 25th, 1958, the United States filed before the International Court of Justice (ICJ) an application instituting proceedings against the Union of Soviet Socialist Republics (USSR) in connection with the air incident of September 4, 1954. In this case, a U.S. Navy P2-V aircraft had been destroyed by USSR fighter jets in international space over the Sea of 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. The USSR having 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 removed it from the register by an order of December 9th, 1958.

Order of 09-12-1958.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.