CORFU CHANNEL CASE
FACTS OF THE CASE:
On May 15th 1946 the British warships passed through the Channel without the approval
of the Albanian government and were shot at. Later, on October 22nd, 1946, a squadron
of British warships (two cruisers and two destroyers), left the port of Corfu and proceeded
northward through a channel previously swept for mines in the North Corfu Strait. Both
destroyers were struck by mine and were heavily damaged. This incident resulted also in
many deaths. The two ships were mined in Albanian territorial waters in a previously swept
and check-swept channel.
After the explosions of October 22nd, the United Kingdom Government sent a note to the
Albanian Government, in which it announced its intention to sweep the Corfu Channel
shortly. The Albanian reply, which was received in London on October 31st, stated that
the Albanian Government would not give its consent to this unless the operation in
question took place outside Albanian territorial waters.
Meanwhile, at the United Kingdom Government’s request, the International Central Mine
Clearance Board decided, in a resolution of November 1st, 1946, that there should be a
further sweep of the Channel, subject to Albania’s consent. The United Kingdom
Government having informed the Albanian Government, in a communication of November
10th, that the proposed sweep would take place on November 12th, the Albanian
Government replied on the 11th, protesting against this ‘unilateral decision of His
Majesty’s Government’. It said it did not consider it inconvenient that the British fleet
should undertake the sweeping of the channel of navigation, but added that, before
sweeping was carried out, it considered it indispensable to decide what area of the sea
should be deemed to constitute this channel, and proposed the establishment of a Mixed
Commission for the purpose. It ended by saying that any sweeping undertaken without
the consent of the Albanian Government outside the channel thus constituted, i.e., inside
Albanian territorial waters where foreign warships have no reason to sail, could only be
considered as a deliberate violation of Albanian territory and sovereignty.
After this exchange of notes, ‘Operation Retail’ took place on November 12th and 13th.
One fact of particular importance is that the North Corfu Channel constitutes a frontier
between Albania and Greece, that a part of it is wholly within the territorial waters of these
States, and that the Strait is of special importance to Greece by reason of the traffic to and
from the port of Corfu.
ISSUES:
The British government claimed the minefield which caused the explosions was laid
between May 15th, 1946, and October 22nd, 1946, by or with the approval or knowledge of the
Albanian Government. Thus Albania was responsible for the explosions and loss of life and had
to compensate the UK government. In addition to the passage of the United Kingdom warships
on October 22nd, 1946, the second question in the Special Agreement relates to the acts of the
Royal Navy in Albanian waters on November 12th and 13th, 1946 when the British government
carried out a minesweeping operation called ‘Operation Retail’ without the consent of Albania. UK
held the opinion the passage on October 22nd, 1946 was innocent and that according to rules of
international law it had the right to innocent passage through the North Corfu Channel as it is
considered part of international highways and does not need a previous approval of the territorial
state. The Albanian Government does not dispute that the North Corfu Channel is a strait in the
geographical sense; but it denies that this Channel belongs to the class of international highways
through which a right of passage exists, on the grounds that it is only of secondary importance
and not even a necessary route between two parts of the high seas, and that it is used almost
exclusively for local traffic to and from the ports of Corfu. Thus a previous approval of the territorial
state is necessary.
1) Should the North Corfu Channel as it is considered part of international highways?
2) Is Albania responsible under international law for the explosions which occurred on the 22nd
October 1946 in Albanian waters and for the damage and loss of human life which resulted from
them and is there any duty to pay compensation?
ANALYSIS:
The court analyzed the geographical situation of the channel connecting two parts of the
high seas and was in fact frequently being used for international navigation. Taking into account
these various considerations, the Court concluded that the North Corfu Channel should be
considered as belonging to the class of international highways through which an innocent
passage does not need special approval and cannot be prohibited by a coastal State in time of
peace. The UK government claimed that on October 22nd, 1946, Albania neither notified the
existence of the minefield, nor warned the British warships of the danger they were approaching.
According to the principle of state responsibility, they should have done all necessary
steps immediately to warn ships near the danger zone, more especially those that were
approaching that zone. In fact, nothing was attempted by the Albanian authorities to prevent the
disaster. These grave omissions involve the international responsibility of Albania.But Albania’s
obligation to notify shipping of the existence of mines in her waters depends on her having
obtained knowledge of that fact in sufficient time before October 22nd; and the duty of the
Albanian coastal authorities to warn the British ships depends on the time that elapsed between
the moment that these ships were reported and the moment of the first explosion.
CONCLUSION OF THE COURT:
The Court therefore reached the conclusion that Albania is responsible under
international law for the explosions which occurred on October 22nd, 1946, in Albanian waters,
and for the damage and loss of human life which resulted from them, and that there is a duty upon
Albania to pay compensation to the United Kingdom.
In the second part of the Special Agreement, the following question is submitted to the Court:
Has the United Kingdom under international law violated the sovereignty of the Albanian People’s
Republic by reason of the acts of the Royal Navy in Albanian waters on the 22nd October and on
the 12th and 13th November 1946 and is there any duty to give satisfaction?
Albania was in fact in war with Greece which means that the coastal state was not in time of
peace. UK had not an innocent passage due to the way it was carried out. The court assessed
the manner of UK warships after they had been shot at May 15th. Having thus examined the
various contentions of the Albanian Government in so far as they appear to be relevant, the Court
has arrived at the conclusion that the United Kingdom did not violate the sovereignty of Albania
by reason of the acts of the British Navy in Albanian waters on October 22nd, 1946. The United
Kingdom Government does not dispute that ‘Operation Retail’ was carried out against the clearly
expressed wish of the Albanian Government. It recognizes that the operation had not the consent
of the international mine clearance organizations, that it could not be justified as the exercise of
a right of innocent passage, and lastly that, in principle, international law does not allow a State
to assemble a large number of warships in the territorial waters of another State and to carry out
minesweeping in those waters. The United Kingdom Government states that the operation was
one of extreme urgency, and that it considered itself entitled to carry it out without anybody’s
consent. The Court can only regard the alleged right of intervention as the manifestation of a
policy of force, such as has, in the past, given rise to most serious abuses and such as cannot,
whatever be the present defects in international organization, The United Kingdom Agent, in his
speech in reply, has further classified ‘Operation Retail’ among methods of self-protection or self-
help. The Court cannot accept this defense either find a place in international law.
Final conclusion of the court:
On the first question put by the Special Agreement of March 25th, 1948,
The court gives judgment that the People’s Republic of Albania is responsible
under international law for the explosions which occurred on October 22nd, 1946, in Albanian
waters, and for the damage and loss of human life that resulted there from; and Reserves for
further consideration the assessment of the amount of compensation and regulates the procedure
on this subject.
2) On the second question put by the Special Agreement on the violation of state sovereignty,
The court gives judgment that the United Kingdom did not violate the sovereignty of
the People’s Republic of Albania by reason of the acts of the British Navy in Albanian waters
on October 22nd, 1946; and unanimously, gave judgment that by reason of the acts of the British
Navy in Albanian waters in the course of the Operation of November 12th and 13th, 1946, the
United Kingdom violated the sovereignty of the People’s Republic of Albania, and that this
declaration by the Court constitutes in itself appropriate satisfaction.
