It was just a month after the end of the 1999 Kargil War. Though the war, the fourth between India and Pakistan, had ended, the militaries of both countries were on high alert.
A Pakistani Navy Atlantic. The recon and attack aircraft were decommissioned in 2012. Aircrafts of Pakistan Navy
The Atlantic is a patrol and reconnaissance plane which is also capable of anti-submarine warfare as well as ground attack operations.
A MiG 21 of the Indian Air Force taking off. India Today
By this time, the Pakistani aircraft had already made more than one round inside Indian territory. Usually, planes try to escape enemy territory but the Atlantic was continuously straying into Indian territory. Even when the Indian fighter jets reached the Atlantic, it was way inside India’s airspace.
A Pakistan Navy Atlantic.
All 16 personnel on board died.
A map released by the IAF showing the trajectory (orange-black dotted line) of the Atlantic and that of the IAF MiGs. Subversify
It was this incident which angered Pakistan. Islamabad accused India of shooting down a training aircraft and claimed that the Atlantic was not inside Indian airspace.
New Delhi also reminded Islamabad that the 1991 bilateral agreement between the two countries prohibited any military aircraft from coming close to 10 km of each other’s border.
A map showing Sir Creek and Kori Creek in Rann of Kutch, where the wreckage of the Pakistani aircraft was found. Wikimedia Commons
India also presented evidence showing routine violations by Pakistani military aircraft in the Rann of Kutch region since January 1999.
In its argument, India cited two things:
1. That Pakistan violated the 1991 bilateral agreement, and, 2. That the ICJ had no jurisdiction on this matter because of a clause of exemption filed in 1974 which excludes India from the jurisdiction of the ICJ with relation to any dispute with any Commonwealth State.
1. That Pakistan violated the 1991 bilateral agreement, and,
2. That the ICJ had no jurisdiction on this matter because of a clause of exemption filed in 1974 which excludes India from the jurisdiction of the ICJ with relation to any dispute with any Commonwealth State.
A part of the ICJ ruling which shows the decision of the court.ICJ
And two months after the decision of the ICJ, then Pakistani army chief General Pervez Musharraf removed Prime Minister Nawaz Sharif in a coup.