Corfu Channel Case PDF

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Corfu Channel Case (United Kingdom & Northern Ireland v The People’s Republic of Albania, 1949) Summary & Issues: UK Royal Navy ships attempted to pass through the Corfu Channel following a mine clearing operation carried out by Allied Naval Authorities, however newly laid mines came to damage two Royal Navy ships. Subsequently, the UK conducted a clearance of these mines, known as “Operation retail”, although conducted in Albanian territory without prior consent, causing Albania to issue a complaint to the UN. This was the first contentious case heard by the ICJ following its establishment. The issues presented were: - Was Albania responsible for the explosions and the associated repercussions under international law? - Had the UK violated the sovereignty of the People’s Republic of Albania by conducting “Operation Retail” without prior consent? Background: In 1946, during the Greek Civil War, a series of encounters took place between Albania and the UK in the Corfu channel. One of these encounters, May 15th, involved warning shots from Albanian batteries at UK Royal Navy ships. Albania declared that the UK required permission to cross through Albanian territorial waters, while the UK warned any future fire would be returned. During another encounter, on October 22nd, Royal Navy ships made another attempt to pass through the channel. Two of the ships, the Suamarez and the Volage, were heavily damaged, resulting in a significant loss of life, and thus prompting the UK to investigate the area. Albania complained to the UN that this operation was conducted in its territory without consent. The Security Council passed a resolution, with the Soviet Union and Poland abstaining, recommending the conflicting states resolve the dispute before the ICJ, pursuant to Article 36 para. 3 of the UN Charter. Arguments: As Allied Naval Forces had previously swept the area of mines and declared it safe for passage, the UK was accusing Albania of laying, or allowing a 3rd party, to lay a new field of mines in its territorial waters. The UK also demanded reparations from Albania. The People’s Republic of Albania denied any involvement in the laying of the mines, as well as objecting to the ICJ’s jurisdiction over the dispute. Furthermore, it was purported that Albania’s sovereignty had been violated by “Operation retail”. Judgment: Three separate judgments were issued in relation to this case: - In the first judgment, the ICJ dealt with the issue of jurisdiction. The Court found, inter alia, that a communication dated 2 July 1947, addressed to it by the Government of Albania, constituted a voluntary acceptance of its jurisdiction. - The second judgment related to the merits of the dispute, where the Court found that Albania was responsible under international law for the explosions that had taken place in Albanian waters and for the damage and loss of life that ensued.

Where the Court did not accept that Albania had itself laid the mines or the purported connivance of Albania with a mine-laying operation carried out by the Yugoslav Navy at the request of Albania, it held that the mines could not have been laid without the knowledge of the Albanian government. Albania had violated its obligations involving the elementary consideration of humanity and the principle of freedom of maritime communication by not informing the UK of the minefield. Furthermore, Albania violated the obligation to refrain from allowing its territory for acts contrary to the interest of other states. While the Court vindicated the exercise of the right to innocent passage by the UK on October 22nd, the Court found that the UK had violated Albanian sovereignty during “Operation retail”, as it had been carried out against the will of the Albanian Government. In particular, the court did not accept the notion of “self-help” asserted by the United Kingdom to justify its intervention. - In the third judgment, the Court ordered the payment of £844,000 in reparations from Albania to the UK....