The Corfu Channel Case

INTRODUCTION

The Corfu channel case finds its origin in an incident which happened on 22 October 1946 in the Corfu Strait. On this day, two British destroyers struck mines in Albanian waters resulting into damage including serious loss of life.

The Government of the United Kingdom stated that Government of the People’s Republic of Albania was internationally responsible for the consequences of the incident. In order to make Government of the People’s Republic of Albania to pay compensation, the Government of the United Kingdom filed an Application instituting proceedings against the Government of the People’s Republic of Albania on 22 May, 1947.

On the other hand, Albania claimed that the United Kingdom had violated Albanian territorial waters. The Court, on 9 April 1949, held Albania responsible for the explosions and for the resulting damage and loss of human life suffered by the United Kingdom. Further, the Court found that Albanian sovereignty had been violated due to the later minesweeping by the United Kingdom. On 19 December 1949, the Court ordered Albania to pay the United Kingdom compensation.

KEYWORDS: Passage, Channel, mines, warships, sovereignty

FACTS OF THE CASE:

On 15 May 1946, the British warships passed through the Corfu Channel. However, they did not take the approval of the Albanian government for doing so and as a result, they were shot at. Later, on 22 October, 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 a mine and were heavily damaged. This incident also caused many deaths.

The two ships were mined in Albanian territorial waters in a previously swept and check-swept channel. After the explosions of 22^nd October, the UK Government sent a note to the Albanian Government. The note stated UK government’s intention to sweep the Corfu Channel shortly.  London received the reply of the Albanian government on 31^st October. It stated that the Albanian Government would not give its consent to this unless the operation in question took place outside Albanian territorial waters. Meanwhile, the International Central Mine Clearance Board at the United Kingdom Government’s request decided in a resolution of 1^st November, 1946 that there should be a further sweep of the Channel. However, it should be subject to Albania’s consent.

On 10^th November, the United Kingdom Government informed the Albanian Government that the said sweep would take place on 12^th November. On 11^th November, the Albanian Government said that Albanian Government does not have any problem if the British fleet undertakes the sweeping of the channel of navigation. However, before carrying out the sweeping, it considered it crucial to decide what area of the sea should be deemed to constitute this channel. For this purpose, it proposed the establishment of a Mixed Commission. The Albanian government clearly stated that any sweeping undertaken without the consent of the Albanian Government inside Albanian territorial waters will be considered as a deliberate violation of Albanian sovereignty. Then, on 12^th and 13^th November, ‘Operation Retail’ was carried out by the United Kingdom government.

CONTENTIONS:

The British government claimed that Albania was responsible for the explosions and loss of life and had to compensate the UK government for that. The UK further held that as per the rules of international law, the passage on 22^nd October, 1946 was not invalid. The rules gave them 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 denied that the North Corfu Channel belongs to the class of international highways. It stated that a right to passage exists through the North Corfu Channel on the grounds that it is only of secondary importance and not even a necessary route between two parts of the high seas. Therefore, prior approval of the territorial state for the passage was necessary.

ISSUES:

1. Whether the North Corfu Channel should be considered as a part of international highways?
2. Is Albania responsible under the international law for the explosions which occurred on the 22^nd October 1946 in Albanian waters and for the damage and loss of human life which resulted due to it?
3. 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 22^nd October and on the 12^th and 13^th November 1946?

DECISION OF THE COURT:

By analyzing the geographical situation of the North Corfu Channel, the Court concluded that it should be considered as belonging to the class of international highways. Therefore, there is no need of special approval by a coastal State in time of peace for passing through the channel.

The UK government claimed that on October 22^nd, 1946, they were not notified by the Albanian government about the existence of the minefield. As per the principle of state responsibility, the Albanian government should have informed the ships approaching that zone about the danger.

The Court, therefore, concluded that Albania is responsible under the international law for the explosions which occurred on October 22^nd 1946, in Albanian waters as well as for the damage and loss of human life which resulted from them. This raised a duty upon Albania to pay compensation to the United Kingdom.

However, Albania was in war with Greece at that time which means that the coastal state was not in time of peace. Therefore, by examining numerous contentions put forward by the Albanian government, the Court held that United Kingdom by the act of British Navy in Albanian waters on October 22^nd 1946 did not violate the sovereignty of Albania.

Further, it is admitted by the United Kingdom Government that they carried out ‘Operation Retail’ against the wish of the Albanian Government. Further, the international mine clearance organizations also did not give consent for the operation. Therefore, the operation could not be justified as the exercise of a right of innocent passage. 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. Therefore, the operation conducted on 12^th and 13^th November violated the sovereignty of the People’s Republic of Albania.