Pan Am Flight 103 bombing trial

The Pan Am Flight 103 bombing trial began on 3 May 2000, 11 years, 4 months and 13 days after the destruction of Pan Am Flight 103 on 21 December 1988. The 36-week trial took place at a specially convened Scottish Court in the Netherlands set up under Scots law and held at a disused United States Air Force base called Camp Zeist near Utrecht.

Upon the indictment of the two Libyan suspects in November 1991, the Libyan government was called upon to extradite them for trial in either the United Kingdom or the United States. Since no bilateral extradition treaty was in force between any of the three countries, Libya refused to hand the men over but did offer to detain them for trial in Libya, as long as all the incriminating evidence was provided. The offer was unacceptable to the US and UK, and there was an impasse for the next three years.

In November 1994, President Nelson Mandela offered South Africa as a neutral venue for the trial but this was rejected by the then British prime minister, John Major. A further three years elapsed until Mandela's offer was repeated to Major's successor, Tony Blair, when the president visited London in July 1997 and again at the 1997 Commonwealth Heads of Government Meeting (CHOGM) in Edinburgh in October 1997. At the latter meeting, Mandela warned that "no one nation should be complainant, prosecutor and judge" in the Lockerbie case.

The eventually agreed compromise solution of a trial in the Netherlands governed by Scots law was engineered by legal academic Professor Robert Black of Edinburgh University and, in accordance with the Labour government's promotion of an "ethical" foreign policy, was given political impetus by the then foreign secretary, Robin Cook. The Scottish Court in the Netherlands, a special High Court of Justiciary, was set up under Scots law in a disused United States Air Force base called Camp Zeist in Utrecht, in the Netherlands. Facilities for a high security prison were also installed there. Under a bilateral treaty between the United Kingdom and the Netherlands, these premises were, for the duration of the trial and any subsequent appeal, under the authority and control of the Scottish Court. Dutch law still theoretically applied to the area, but, barring an emergency, the Dutch authorities were banned from entering the premises and the Court had the authority to enact regulations that superseded Dutch law when necessary for the execution of the trial, and to jail people for contempt of court. The court itself, as well as people involved in the trial also enjoyed total or partial immunity from Dutch law.

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