Libya plans ICJ case against Israel over 1973 Flight 114 shoot-down

Libya intends to bring proceedings against Israel before the International Court of Justice over the 1973 shoot-down of Libyan Arab Airlines Flight 114, a Boeing 727-200, over the Sinai Peninsula. The scheduled Tripoli–Benghazi–Cairo service was intercepted by Israeli fighter aircraft on 21 February 1973, killing 108 of the 113 people aboard and leaving five survivors.

Libya conveyed its intention through its embassy in the Netherlands in a notice submitted to the ICJ Registry in October. The move follows Israel’s 2023 declassification of cabinet records relating to the incident. Libya considers the records evidence that Israel breached obligations under the 1971 Montreal Convention on aviation safety.

The notice is not yet a formal case filing. Libya plans to submit an application under Article 40(1) of the ICJ Statute setting out the dispute, the legal basis for the court’s jurisdiction, the alleged violations and the remedies sought. It has asked that the notice be placed in the Registry pending submission of the application.

The aircraft, registered 5A-DAH, was destroyed while Sinai was under Israeli control. Libya’s notice also specifies that references to Israel are made solely for factual and legal purposes and do not constitute diplomatic recognition. No hearing, judgment or merits decision has been confirmed.