Analysis of the International Court of Justice’s Jurisdiction in the Airspace Violation Cases

Yordan Gunawan (Facultat de Dret, Universitat Pompeu Fabra, Barcelona)
Amarta Yasyhini Ilka Haque (Faculty of Law, Universitas Muhammadiyah Yogyakarta)
Nazella Jeanny Andrian (Faculty of Law, Universitas Muhammadiyah Yogyakarta)
Moli Aya Mina Rahma (Faculty of Law, Universitas Muhammadiyah Yogyakarta)

Jambura Law Review
VOLUME 5 NO. 1 JANUARY 2023

 This writing examines the International Court of Justice's authority over cases of airspace breaches. Airspace is the space above the land area and waters of a country. Air space is one of the most critical parts of a region in realizing the welfare of a country. ICJ, as the Supreme Court of the United Nations, is capable of resolving conflicts between countries and disputes involving United Nations member states. As a result, this writing aims to analyse further the authority of the International Court of Justice regarding airspace violations. The research was normative and qualitative. The result showed that, in theory, ICJ had clear jurisdiction in resolving violation of airspace cases, but in practice, only a few cases had been resolved by ICJ. However, most of those cases submitted to ICJ produce no judgment from ICJ since the Court found that it lacks jurisdiction