Summery Corfu Channel Case; United Kingdom Vs Albania 1946:

Facts/ background:
On May 15
th
. 1946 the British warships passed through the Channel without the approval of the
Albanian governent and were shot at. !ater" on O#tober $$nd" 1946" a s%uadron of British warships
&two #ruisers and two destroyers'" left the port of Corfu and pro#eeded northward through a #hannel
previously swept for ines in the (orth Corfu )trait.
Both destroyers were stru#* by ine and were heavily daaged. +his in#ident resulted also in any
deaths. +he two ships were ined in Albanian territorial waters in a previously swept and #he#*,swept
#hannel.
After the e-plosions of O#tober $$nd" the .nited /ingdo 0overnent sent a note to the Albanian
0overnent" in whi#h it announ#ed its intention to sweep the Corfu Channel shortly. +he Albanian
reply" whi#h was re#eived in !ondon on O#tober 11st" stated that the Albanian 0overnent would not
give its #onsent to this unless the operation in %uestion too* pla#e outside Albanian territorial waters.
Meanwhile" at the .nited /ingdo 0overnent2s re%uest" the 3nternational Central Mine Clearan#e
Board de#ided" in a resolution of (oveber 1st" 1946" that there should be a further sweep of the
Channel" sub4e#t to Albania2s #onsent. +he .nited /ingdo 0overnent having infored the
Albanian 0overnent" in a #ouni#ation of (oveber 15th" that the proposed sweep would ta*e
pla#e on (oveber 1$th" the Albanian 0overnent replied on the 11th" protesting against this
2unilateral de#ision of 6is Ma4esty2s 0overnent2. 3t said it did not #onsider it in#onvenient that the
British fleet should underta*e the sweeping of the #hannel of navigation" but added that" before
sweeping was #arried out" it #onsidered it indispensable to de#ide what area of the sea should be
deeed to #onstitute this #hannel" and proposed the establishent of a Mi-ed Coission for the
purpose.
3t ended by saying that any sweeping underta*en without the #onsent of the Albanian 0overnent
outside the #hannel thus #onstituted" i.e." inside Albanian territorial waters where foreign warships
have no reason to sail" #ould only be #onsidered as a deliberate violation of Albanian territory and
sovereignty. After this e-#hange of notes" 2Operation 7etail2 too* pla#e on (oveber 1$th and 11th.
One fa#t of parti#ular iportan#e is that the (orth Corfu Channel #onstitutes a frontier between
Albania and 0ree#e" that a part of it is wholly within the territorial waters of these )tates" and that the
)trait is of spe#ial iportan#e to 0ree#e by reason of the traffi# to and fro the port of Corfu.
3ssues8
+he British governent #laied the inefield whi#h #aused the e-plosions was laid between May
15th" 1946" and O#tober $$nd" 1946" by or with the approval or *nowledge of the Albanian
0overnent. +hus Albania was responsible for the e-plosions and loss of life and had to #opensate
the ./ governent.
3n addition to the passage of the .nited /ingdo warships on O#tober $$nd" 1946" the se#ond
%uestion in the )pe#ial Agreeent relates to the a#ts of the 7oyal (avy in Albanian waters on
(oveber 1$th and 11th" 1946 when the British governent #arried out a inesweeping operation
#alled 2Operation 7etail2 without the #onsent of Albania.
./ held the opinion the passage on O#tober $$nd" 1946 was innocent and that a##ording to rules of
international law it had the right to inno#ent passage through the (orth Corfu Channel as it is
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#onsidered part of international highways and does not need a previous approval of the territorial state.
+he Albanian 0overnent does not dispute that the (orth Corfu Channel is a strait in the geographi#al
sense9 but it denies that this Channel belongs to the #lass of international highways through whi#h a
right of passage e-ists" on the grounds that it is only of se#ondary iportan#e and not even a ne#essary
route between two parts of the high seas" and that it is used alost e-#lusively for lo#al traffi# to and
fro the ports of Corfu. +hus a previous approval of the territorial state is ne#essary.
1' )hould the (orth Corfu Channel as it is #onsidered part of international highways:
$' 3s Albania responsible under international law for the e-plosions whi#h o##urred on the $$nd
O#tober 1946 in Albanian waters and for the daage and loss of huan life whi#h resulted fro the
and is there any duty to pay #opensation:2
Analysis8
+he #ourt analyses the geographi#al situation of the #hannel #onne#ts two parts of the high seas and is
in fa#t fre%uently being used for international navigation. +a*ing into a##ount these various
#onsiderations" the Court #on#ludes that the (orth Corfu Channel should be #onsidered as belonging
to the #lass of international highways through whi#h an innocent passage does not need special
approval and cannot be prohibited by a coastal State in time of peace.
+he ./ governent #lais that on O#tober $$nd" 1946" Albania neither notified the e-isten#e of the
inefield" nor warned the British warships of the danger they were approa#hing. A##ording to the
prin#iple of state responsibility" they should have done all ne#essary steps iediately to warn ships
near the danger ;one" ore espe#ially those that were approa#hing that ;one. 3n fa#t" nothing was
attepted by the Albanian authorities to prevent the disaster. +hese grave oissions involve the
international responsibility of Albania.
But Albania2s obligation to notify shipping of the e-isten#e of ines in her waters depends on her
having obtained *nowledge of that fa#t in suffi#ient tie before O#tober $$nd9 and the duty of the
Albanian #oastal authorities to warn the British ships depends on the tie that elapsed between the
oent that these ships were reported and the oent of the first e-plosion.
Con#lusion of the #ourt8
+he Court therefore rea#hes the #on#lusion that Albania is responsible under international law for the
e-plosions whi#h o##urred on O#tober $$nd" 1946" in Albanian waters" and for the daage and loss of
huan life whi#h resulted fro the" and that there is a duty upon Albania to pay #opensation to the
.nited /ingdo.
3n the se#ond part of the )pe#ial Agreeent" the following %uestion is subitted to the Court8

&$' 6as the .nited /ingdo under international law violated the sovereignty of the Albanian <eople2s
7epubli# by reason of the a#ts of the 7oyal (avy in Albanian waters on the $$nd O#tober and on the
1$th and 11th (oveber 1946 and is there any duty to give satisfa#tion:
Albania was in fa#t in war with 0ree#e whi#h eans that the #oastal state was not in tie of pea#e.
./ had not an innocent passage due to the way it was #arried out. +he #ourt assessed the manner of
./ warships after they had been shot at May 15
th
. 6aving thus e-ained the various #ontentions of
the Albanian 0overnent in so far as they appear to be relevant" the Court has arrived at the
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#on#lusion that the .nited /ingdo did not violate the sovereignty of Albania by reason of the a#ts of
the British (avy in Albanian waters on O#tober $$nd" 1946.
+he .nited /ingdo 0overnent does not dispute that 2Operation 7etail2 was #arried out against the
#learly e-pressed wish of the Albanian 0overnent. 3t re#ogni;es that the operation had not the
#onsent of the international ine #learan#e organi;ations" that it #ould not be 4ustified as the e-er#ise
of a right of inno#ent passage" and lastly that" in prin#iple" international law does not allow a )tate to
asseble a large nuber of warships in the territorial waters of another )tate and to #arry out
inesweeping in those waters. +he .nited /ingdo 0overnent states that the operation was one of
e-tree urgen#y" and that it #onsidered itself entitled to #arry it out without anybody2s #onsent.
+he Court #an only regard the alleged right of intervention as the anifestation of a poli#y of for#e"
su#h as has" in the past" given rise to ost serious abuses and su#h as #annot" whatever be the present
defe#ts in international organi;ation" +he .nited /ingdo Agent" in his spee#h in reply" has further
#lassified 2Operation 7etail2 aong ethods of self,prote#tion or self,help. +he Court #annot a##ept
this defense either find a pla#e in international law.
=inal #on#lusion of the #ourt8

1' On the first %uestion put by the )pe#ial Agreeent of Mar#h $5th" 194>"

+he #ourt gives 4udgent that the <eople2s 7epubli# of Albania is responsible under international law
for the e-plosions whi#h o##urred on O#tober $$nd" 1946" in Albanian waters" and for the daage and
loss of huan life that resulted there fro9 and

7eserves for further #onsideration the assessent of the aount of #opensation and regulates the
pro#edure on this sub4e#t.

$' On the se#ond %uestion put by the )pe#ial Agreeent on the violation of state sovereignty"

+he #ourt gives 4udgent that the .nited /ingdo did not violate the sovereignty of the <eople2s
7epubli# of Albania by reason of the a#ts of the British (avy in Albanian waters on O#tober $$nd"
19469 and unaniously" gives 4udgent that by reason of the a#ts of the British (avy in Albanian
waters in the #ourse of the Operation of (oveber 1$th and 11th" 1946" the .nited /ingdo violated
the sovereignty of the <eople2s 7epubli# of Albania" and that this de#laration by the Court #onstitutes
in itself appropriate satisfa#tion.
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