Case Concerning The Aerial Incident of 7 November 1954 United States of America v. Union of Soviet Socialist Republics I.C.J. Reports, 1959

Facts I. 7 November 1954- United States Air Force B-29 aircraft was shot down in Japanese territorial air space over Hokkaido, Japan (according to US reports).

II. US Government claims that the ICJ has jurisdiction based on Article 36 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.”

III. Notes dated 7 November 1954, 11 December 1954, and 19 August 1957 stated that the American plane had violated the Soviet State border and was first to open fire on Soviet fighter-planes. Therefore, sole responsibility for the incident falls on the United States.

IV. According to the Government of the USSR, there are no questions to be solved by the International Court of Justice and therefore, the United States Government has no bases for filing this case with the ICJ.

Questions I. Does the International Court of Justice have jurisdiction in this case?

Decisions The International Court of Justice finds that it must reject the case as a result of the lack of jurisdiction. The Court found that the Union of Soviet Socialist Republics did not accept the case as being valid. Therefore, the court could take no further action.

Principles I. The International Court of Justice had compulsory jurisdiction with cases that dealt with the USSR.

II. Article 36 was irrelevant to the case as a result of the Court’s compulsory jurisdiction in cases dealing with the USSR

Conclusion This is a good example of why the court lacks jurisdiction in many cases. If a state only agrees to compulsory jurisdiction then the Court does not automatically have the right to hear the case. Only if said state agrees, can the International Court of Justice hear the case. Bibliography Case concerning the Aerial Incident of 7 November I954. (United States of America v. Union of Soviet Socialist Republics), Order of 7 October 1959: I.C. J. Reports 1959, p. 276. McGirr PhD, Stephen. "USSR ICJ Membership." Bullshit (Never Published). Statute of the International Court of Justice, Article 36.

Submitted Tara N Krumholz, 17 September 2009.