United Kingdom vs.

Albania
Corfu Channel Case ICJ Reports 1949
Facts:
The Albanian Government has contended that the sovereignty of Albania was violated because according to them,
the passage of the British warships on October 22, 1946 was not an innocent passage. The reason advanced in
support of this contention may be summed up as follows: (1) the passage was not an ordinary passage, but a political
mission; (2) the ships were maneuvering and sailing in diamond combat formation with soldiers on board; (3) the
position of the guns was not consistent with innocent passage; (4) the vessels passed with crew at action stations; (5)
the number of ships and their armament surpassed what was necessary in order to attain their object and showed an
intention to intimidate and not merely to pass; and (5) the ships had received orders to observe and report upon the
coastal defenses and this order was carried out.
The United Kingdom Government contended that the object of sending the warships through the Strait was not only
to carry out a passage for purposes of navigation, but also to test Albanias attitude because of its use of gunfire in
view of the passage. However, the Albanian Government regarded this as unreasonable. With the passage of four
warships with crews at actions stations ready to retaliate quickly if fired upon, the intention must have been not only
to test the Albanias attitude, but at the same time to demonstrate force.
Explosions happened on October 22nd, after which the United Kingdom Government sent a note to the Albanian
Government announcing its intention to sweep the Corfu Channel shortly. However, the Albanian Government would
not give its consent unless the operation in question took place outside Albanian territorial waters. After this exchange
of notes, an Operation Retail took place. The area swept through this operation was in Albanian territorial waters.
Issue:
Whether or not the measures taken by the United Kingdom authorities would constitute a violation of
Albaniasovereignty?
Held:
The court regarded the intervention of United Kingdom Government as a manifestation on of a policy of force, such
as has, in the past, given rise to most serious abuses and such as cannot find a place in international law. Between
independent States, respect for territorial sovereignty is an essential foundation of international relations. To ensure
respect for international law, of which it is the organ, the Court must declare that the action of the British Navy
constituted a violation of Albanian sovereignty.