Corfu Channel Case

Facts:
22 Oct 1946 - Saumarez and Volage, military ships (destroyers) from UK passed Corfu
Channel and hit mines which fatally destroyed them, resulting to 44 deaths.
13 November 1946 - British minesweepers swept the channel without Albania’s consent
(where Corfu Channel is territorial waters) and 22 moored mines were cut.
22 Nov 1947 - UK filed an application before ICJ, requesting the Court to find Albania liable
for damages. Albania filed its preliminary objection which the court rejected.
25 May 1948 Albania and UK came to a special agreement submitting the dispute t the Court
to decide their specified issues.

Issues:
Whether or not Albania was responsible under Internal law for the explosion which occurred
and if yes, is there a duty to pay compensation?

Whether or not UK violated international law when it entered Corfu without permission and
when it swept the mines without Albania’s consent?

Held:

First issue: Yes, Albania was responsible. A principle under international law recognizes that
the state is responsible to inform incoming ships of any danger in its territorial waters and thus
danger of passage. Albania first denied its knowledge of the laying of minefields but the Court
held, with support of indirect proof, that Albania had knowledge of the minelaying:
*Indirect proof: 1) its attitude before and after the explosion - Albania tightening its watch over
the Channel by assigning onlookers in Cape Koephali, Delta Point and St George’s
monastery and becoming a part of the Security Council. After the explosion, it complained
immediately to the Secretary-General of UN and alleged that UK, without permission, entered
its territorial waters. 2) from the exercise conducted by experts appointed by the Court, in
case of minelaying from the north towards the south, minelayers could have ben seen from
Cape Koephali and in case of minelayers from the south, onlookers would see them from
Cape Kiephali and St. George Monastery.

2nd issue: Entry on October: UK did not violate. It is generally recognized and in accordance
with international custom that States, in time of peace, have a right to send its warships
through straits used for international navigation between 2 parts of the high seas without
previous authorization of a coastal state, provided it is innocent (principle of the right of
passage) or otherwise stated in international convention. Albania went so far as to argue that
Corfu is not an international highway but history shows that it had been used by ships from
many foreign countries in the past. Corfu connected two parts of the high seas. During this
case, Albania was at the state of war with Greece so it was justified t regulate passage but
not to prohibit.
But Entry on November (called Operation Retail) against Albania - against international law.
Policy of force is not accepted in international law. This was used by UK when it swept the
mines without consent from Albania.