UNITED KINGDOM OF GREAT

BRITAIN & NORTHERN IRELAND

V.
ALBANIA
(CORFU CHANNEL CASE) Presented By:
Aditi (Sap Id: 500085324,
Roll: R760220051)
Anish Raj (Sap Id: 500085321,
Roll: R760220055)
Introduction
This dispute gave rise to three Judgments by the Court.

It arose out of the explosions of mines by which some

British warships suffered damage while passing through
the Corfu Channel in 1946, in a part of the Albanian
waters which had been previously swept. The ships were
severely damaged and members of the crew were killed.

The United Kingdom seised the Court of the dispute by

an Application filed on 22 May 1947 and accused
Albania of having laid or allowed a third State to lay
the mines after mine-clearing operations had been
carried out by the Allied naval authorities.

The case had previously been brought before the United

Nations and, in consequence of a recommendation by
the Security Council, had been referred to the Court.
 FACTS of the case
01. 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.
02. Both destroyers were struck by a mine and were heavily
damaged. This incident resulted also in many deaths.
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.
03.
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 has informed the Albanian 04.
Government, in communication of November 10th, that the
proposed sweep would take place on November 12th, the
Albanian Government replied on the 11th, protesting against
this decision and proposed the establishment of a Mixed
Commission for the purpose. After this exchange of notes,
‘Operation Retail’ took place on November 12th and 13th.
The Albanian Government said that any sweeping undertaken
05.
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.
The North Corfu Channel constitutes a frontier between
06.
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
01 02
Should the North Corfu Is Albania responsible under international
Channel as it is considered law for the explosions which occurred on
part of international the 22nd October 1946 in Albanian
highways? waters and for the damage and loss of
human life which resulted from them and
is there any duty to pay compensation?
03
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?
JUDGEMENT
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.
The Court held 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.
It found that the minesweeping had violated Albanian sovereignty, because it had been carried out against the will of
the Albanian Government
It was held 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
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.
On 15 December 1949, the Court assessed the amount of reparation owed to the United Kingdom and ordered
Albania to pay £844,000.
CONCLUSION
The Corfu Channel case addressed the question of civil
liability of Albania, which had placed mines within its
sovereign waters and subsequently caused damage to
two naval Destroyers of the United Kingdom’s navy.

The exclusive territorial control exercised by Albania

within its water frontiers has a bearing on the burden of
proof with respect to the country’s activity.

The United Kingdom which was an unfair victim of the

mines placed in the Corfu strait and the International
Court of Justice found that Albania was responsible for
loss of human life and the machinery suffered by the
United Kingdom, even though the United Kingdom had
violated the sovereignty of Albania’s territorial waters.
Compensation was hence ordered.
Thank
you!!