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Libya to file lawsuit against Israel over downing of plane

Publish date: 12 October 2026
Issue Number: 1198
Diary: IBA Legalbrief Africa
Category: Justice

The Libyan Ministry of Foreign Affairs has informed the International Court of Justice in The Hague – via its embassy in the Netherlands – of its intention to file a lawsuit against Israel. The suit concerns the 1973 downing of the Libyan Airlines aircraft known as ‘Flight 114’ over the Sinai Peninsula – that resulted in 108 civilian fatalities, reports the Libya Herald. The letter stated that this step follows recent developments, including Israel's 2023 declassification of minutes from its Cabinet meetings held at the time the aircraft was shot down. It added that these minutes provide irrefutable evidence that Israel breached its obligations toward Libya under the 1971 Montreal Convention on aviation safety. Libya intends, in due course, to submit an application to institute proceedings in accordance with Article 40, Paragraph 1, of the ICJ’s Statute. ‘The forthcoming application will define the subject of the dispute, set out the legal grounds for the ICJ’s jurisdiction, recount the relevant facts, specify the provisions of international law alleged to have been violated, and outline the remedies sought. Pending the formal submission of the application, Libya requests that this letter be included in the records of the ICJ’s Registry as formal notice of our intention to initiate proceedings.’

Full Libya Herald report

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