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1he Corfu Channel Case (unlLed klngdom of CreaL 8rlLaln and norLhern lreland-Albanla)
arose from lncldenLs LhaL occurred on CcLober 22nd 1946, ln Lhe Corfu SLralL: Lwo
8rlLlsh desLroyers sLruck mlnes ln Albanlan waLers and suffered damage, lncludlng
serlous loss of llfe. 1he unlLed klngdom flrsL selzed Lhe SecurlLy Councll of Lhe unlLed
naLlons whlch, by a 8esoluLlon of Aprll 9Lh, 1947, recommended Lhe Lwo CovernmenLs
Lo submlL Lhe dlspuLe Lo Lhe CourL. 1he unlLed klngdom accordlngly submlLLed an
AppllcaLlon whlch, afLer an ob[ecLlon Lo lLs admlsslblllLy had been ralsed by Albanla, was
Lhe sub[ecL of a !udgmenL, daLed March 23Lh, 1948, ln whlch Lhe CourL declared LhaL lL
possessed [urlsdlcLlon. Cn Lhe same day Lhe Lwo arLles concluded a Speclal AgreemenL
asklng Lhe CourL Lo glve [udgmenL on Lhe followlng quesLlons:
1. ls Albanla responslble for Lhe exploslons, and ls Lhere a duLy Lo pay compensaLlon?
2. Pas Lhe unlLed klngdom vlolaLed lnLernaLlonal law by Lhe acLs of lLs navy ln Albanlan
waLers, flrsL on Lhe day on whlch Lhe exploslons occurred and, secondly, on november
12Lh and 13Lh, 1946, when lL underLook a sweep of Lhe SLralL?
ln lLs !udgmenL Lhe CourL declared on Lhe flrsL quesLlon, by 11 voLes agalnsL 3, LhaL
Albanla was responslble.
ln regard Lo Lhe second quesLlon, lL declared by 14 voLes agalnsL 2 LhaL Lhe unlLed
klngdom dld noL vlolaLe Albanlan soverelgnLy on CcLober 22nd, buL lL declared
unanlmously LhaL lL vlolaLed LhaL soverelgnLy on november 12Lh/13Lh, and LhaL Lhls
declaraLlon, ln lLself, consLlLuLed approprlaLe saLlsfacLlon.
1he facLs are as follows. Cn CcLober 22nd, 1946, Lwo 8rlLlsh crulsers and Lwo
desLroyers, comlng from Lhe souLh, enLered Lhe norLh Corfu SLralL. 1he channel Lhey
were followlng, whlch was ln Albanlan waLers, was regarded as safe: lL had been swepL
ln 1944 and check-swepL ln 1943. Cne of Lhe desLroyers, Lhe Saumarez, when off
Saranda, sLruck a mlne and was gravely damaged. 1he oLher desLroyer, Lhe volage, was
senL Lo her asslsLance and, whlle Lowlng her, sLruck anoLher mlne and was also serlously
damaged. lorLy-flve 8rlLlsh offlcers and sallors losL Lhelr llves, and forLy-Lwo oLhers were
wounded.
An lncldenL had already occurred ln Lhese waLers on May 13Lh, 1946: an Albanlan
baLLery had flred ln Lhe dlrecLlon of Lwo 8rlLlsh crulsers. 1he unlLed klngdom
CovernmenL had proLesLed, sLaLlng LhaL lnnocenL passage Lhrough sLralLs ls a rlghL
recognlzed by lnLernaLlonal law, Lhe Albanlan CovernmenL had replled LhaL forelgn
warshlps and merchanL vessels had no rlghL Lo pass Lhrough Albanlan LerrlLorlal waLers
wlLhouL prlor auLhorlzaLlon, and on AugusL 2nd, 1946, Lhe unlLed klngdom CovernmenL
had replled LhaL lf, ln Lhe fuLure, flre was opened on a 8rlLlsh warshlp passlng Lhrough
Lhe channel, Lhe flre would be reLurned. llnally, on SepLember 21sL, 1946, Lhe AdmlralLy
ln London had cabled Lo Lhe 8rlLlsh Commander-ln-Chlef ln Lhe MedlLerranean Lo Lhe
followlng x effecL: "LsLabllshmenL of dlplomaLlc relaLlons wlLh Albanla ls agaln under
conslderaLlon by Pls Ma[esLy's CovernmenL who wlsh Lo know wheLher Lhe Albanlan
CovernmenL have learnL Lo behave Lhemselves. lnformaLlon ls requesLed wheLher any
shlps under your command have passed Lhrough Lhe norLh Corfu SLralL slnce AugusL
and, lf noL, wheLher you lnLend Lhem Lo do so shorLly."
AfLer Lhe exploslons on CcLober 22nd, Lhe unlLed klngdom CovernmenL senL a noLe Lo
1lrana announclng lLs lnLenLlon Lo sweep Lhe Corfu Channel shorLly. 1he reply was LhaL
Lhls consenL would noL be glven unless Lhe operaLlon ln quesLlon Look place ouLslde
Albanlan LerrlLorlal waLers and LhaL any sweep underLaken ln Lhose waLers would be a
vlolaLlon of Albanla's soverelgnLy.
1he sweep effecLed by Lhe 8rlLlsh navy Look place on november 12Lh/13Lh 1946, ln
Albanlan LerrlLorlal waLers and wlLhln Lhe llmlLs of Lhe channel prevlously swepL.
1wenLy-Lwo moored mlnes were cuL, Lhey were mlnes of Lhe Cerman C? Lype.
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1he flrsL quesLlon puL by Lhe Speclal AgreemenL ls LhaL of Albanla's responslblllLy, under
lnLernaLlonal law, for Lhe exploslons on CcLober 22nd, 1946.
1he CourL flnds, ln Lhe flrsL place, LhaL Lhe exploslons were caused by mlnes belonglng
Lo Lhe mlnefleld dlscovered on november 13Lh. lL ls noL, lndeed, conLesLed LhaL Lhls
mlnefleld had been recenLly lald, lL was ln Lhe channel, whlch had been prevlously swepL
and check-swepL and could be regarded as safe, LhaL Lhe exploslons had Laken place.
1he naLure of Lhe damage shows LhaL lL was due Lo mlnes of Lhe same Lype as Lhose
swepL on november 13Lh, flnally, Lhe Lheory LhaL Lhe mlnes dlscovered on november
13Lh mlghL have been lald afLer Lhe exploslons on CcLober 22nd ls Loo lmprobable Lo be
accepLed.
ln Lhese clrcumsLances Lhe quesLlon arlses whaL ls Lhe legal basls of Albanla's
responslblllLy? 1he CourL does noL feel LhaL lL need pay serlous aLLenLlon Lo Lhe
suggesLlon LhaL Albanla herself lald Lhe mlnes: LhaL suggesLlon was only puL forward pro
memorla, wlLhouL evldence ln supporL, and could noL be reconclled wlLh Lhe undlspuLed
facL LhaL, on Lhe whole Albanlan llLLoral, Lhere are only a few launches and moLor boaLs.
8uL Lhe unlLed klngdom also alleged Lhe connlvance of Albanla: LhaL Lhe mlne laylng had
been carrled ouL by Lwo ?ugoslav warshlps by Lhe requesL of Albanla, or wlLh her
acqulescence. 1he CourL flnds LhaL Lhls colluslon has noL been proved. A charge of such
excepLlonal gravlLy agalnsL a SLaLe would requlre a degree of cerLalnLy LhaL has noL been
reached here, and Lhe orlgln of Lhe mlnes lald ln Albanlan LerrlLorlal waLers remalns a
maLLer for con[ecLure.
1he unlLed klngdom also argued LhaL, whoever mlghL be Lhe auLhors of Lhe mlne laylng,
lL could noL have been effecLed wlLhouL Albanla's knowledge. 1rue, Lhe mere facL LhaL
mlnes were lald ln Albanlan waLers nelLher lnvolves prlma facle responslblllLy nor does lL
shlfL Lhe burden of proof. Cn Lhe oLher hand, Lhe excluslve conLrol exerclsed by a SLaLe
wlLhln lLs fronLlers may make lL lmposslble Lo furnlsh dlrecL proof of facLs whlch would
lnvolve lLs responslblllLy ln case of a vlolaLlon of lnLernaLlonal law. 1he SLaLe whlch ls Lhe
vlcLlm musL, ln LhaL ease, be allowed a more llberal recourse Lo lnferences of facL and
clrcumsLanLlal evldence, such lndlrecL evldence musL be regarded as of especlal welghL
when based on a serles of facLs, llnked LogeLher and leadlng loglcally Lo a slngle
concluslon.
ln Lhe presenL case Lwo serles of facLs, whlch corroboraLe one anoLher, have Lo be
consldered.
1he flrsL relaLes Lo Lhe Albanlan CovernmenL's aLLlLude before and afLer Lhe
caLasLrophe. 1he laylng of Lhe mlnes Look place ln a perlod ln whlch lL had shown lLs
lnLenLlon Lo keep a [ealous waLch on lLs LerrlLorlal waLers and ln whlch lL was requlrlng
prlor auLhorlzaLlon before Lhey were enLered, Lhls vlgllance someLlmes golng so far as Lo
lnvolve Lhe use of force: all of whlch render Lhe asserLlon of lgnorance a prlorl
lmprobable. Moreover, when Lhe Albanlan CovernmenL had become fully aware of Lhe
exlsLence of a mlnefleld, lL proLesLed sLrongly agalnsL Lhe acLlvlLy of Lhe 8rlLlsh lleeL, buL
noL agalnsL Lhe laylng of Lhe mlnes, Lhough Lhls acL, lf effecLed wlLhouL her consenL,
would have been a very serlous vlolaLlon of her soverelgnLy, she dld noL noLlfy shlpplng
of Lhe exlsLence of Lhe mlnefleld, as would be requlred by lnLernaLlonal law, and she dld
noL underLake any of Lhe measures of [udlclal lnvesLlgaLlon whlch would seem Lo be
lncumbenL on her ln such a case. Such an aLLlLude could only be explalned lf Lhe
Albanlan CovernmenL, whlle knowlng of Lhe mlne laylng, deslred Lhe clrcumsLances ln
whlch lL was effecLed Lo remaln secreL.
1he second serles of facLs relaLes Lo Lhe posslblllLy of observlng Lhe mlne laylng from Lhe
Albanlan coasL. Ceographlcally, Lhe channel ls easlly waLched: lL ls domlnaLed by helghLs
offerlng excellenL observaLlon polnLs, and lL runs close Lo Lhe coasL (Lhe nearesL mlne
was 300 m. from Lhe shore). 1he meLhodlcal and well-LhoughL-ouL laylng of Lhe mlnes
compelled Lhe mlnelayers Lo remaln from Lwo Lo Lwo-and-a-half hours ln Lhe waLers
beLween Cape klephall and Lhe SL. Ceorge's MonasLery. ln regard Lo LhaL polnL, Lhe
naval experLs appolnLed by Lhe CourL reporLed, afLer enqulry and lnvesLlgaLlon on Lhe
spoL, LhaL Lhey consldered lL Lo be lndlspuLable LhaL, lf a normal look-ouL was kepL aL
Cape klephall, uenLa olnL, and SL. Ceorge's MonasLery, and lf Lhe lookouLs were
equlpped wlLh blnoculars, under normal weaLher condlLlons for Lhls area, Lhe mlne-
laylng operaLlons musL have been noLlced by Lhese coasLguards. 1he exlsLence of a look-
ouL posL aL uenLa olnL was noL esLabllshed, buL Lhe CourL, baslng lLself on Lhe
declaraLlons of Lhe Albanlan CovernmenL LhaL lock-ouL posLs were sLaLloned aL oLher
polnLs, refers Lo Lhe followlng concluslons ln Lhe experLs' reporL: LhaL ln Lhe case of mlne
laylng 1) from Lhe norLh Lowards Lhe SouLh, Lhe mlnelayers would have been seen from
Cape klephall, lf from SouLh Lowards Lhe norLh, Lhey would have been seen from Cape
klephall and SL. Ceorge's MonasLery.
lrom all Lhe facLs and observaLlons menLloned above, Lhe CourL draws Lhe concluslon
LhaL Lhe laylng of Lhe mlnefleld could noL have been accompllshed wlLhouL Lhe
knowledge of Albanla. As regards Lhe obllgaLlons resulLlng for her from Lhls knowledge,
Lhey are noL dlspuLed. lL was her duLy Lo noLlfy shlpplng and especlally Lo warn Lhe shlps
proceedlng Lhrough Lhe SLralL on CcLober 22nd of Lhe danger Lo whlch Lhey were
exposed. ln facL, noLhlng was aLLempLed by Albanla Lo prevenL Lhe dlsasLer, and Lhese
grave omlsslons lnvolve her lnLernaLlonal responslblllLy.
1he Speclal AgreemenL asks Lhe CourL Lo say wheLher, on Lhls ground, Lhere ls "any
duLy" for Albanla "Lo pay compensaLlon" Lo Lhe unlLed klngdom. 1hls LexL gave rlse Lo
cerLaln doubLs: could Lhe CourL noL only declde on Lhe prlnclple of compensaLlon buL
also assess Lhe amounL? 1he CourL answered ln Lhe afflrmaLlve and, by a speclal Crder,
lL has flxed dlne-llmlLs Lo enable Lhe arLles Lo submlL Lhelr vlews Lo lL on Lhls sub[ecL.
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1he CourL Lhen goes on Lo Lhe second quesLlon ln Lhe Speclal AgreemenL: uld Lhe unlLed
klngdom vlolaLe Albanlan soverelgnLy on CcLober 22nd, 1946, or on november
12Lh/13Lh, 1946?
1he Albanlan clalm Lo make Lhe passage of shlps condlLlonal on a prlor auLhorlzaLlon
confllcLs wlLh Lhe generally admlLLed prlnclple LhaL SLaLes, ln Llme of peace, have a rlghL
Lo send Lhelr warshlps Lhrough sLralLs used for lnLernaLlonal navlgaLlon beLween Lwo
parLs of Lhe hlgh seas, provlded LhaL Lhe passage ls lnnocenL. 1he Corfu SLralL belongs
geographlcally Lo Lhls caLegory, even Lhough lL ls only of secondary lmporLance (ln Lhe
sense LhaL lL ls noL a necessary rouLe beLween Lwo parLs of Lhe hlgh seas) and
lrrespecLlve of Lhe volume of Lrafflc passlng Lhrough lL. A facL of parLlcular lmporLance ls
LhaL lL consLlLuLes a fronLler beLween Albanla and Creece, and LhaL a parL of Lhe sLralL ls
wholly wlLhln Lhe LerrlLorlal waLers of Lhose SLaLes. lL ls a facL LhaL Lhe Lwo SLaLes dld noL
malnLaln normal relaLlons, Creece havlng made LerrlLorlal clalms preclsely wlLh regard
Lo a parL of Lhe coasL borderlng Lhe sLralL. Powever, Lhe CourL ls of oplnlon LhaL Albanla
would have been [usLlfled ln vlew of Lhese excepLlonal clrcumsLances, ln lssulng
regulaLlons ln respecL of Lhe passage, buL noL ln prohlblLlng such passage or ln
sub[ecLlng lL Lo Lhe requlremenL of speclal auLhorlzaLlon.
Albanla has denled LhaL Lhe passage on CcLober 22 was lnnocenL. She alleges LhaL lL was
a pollLlcal mlsslon and LhaL Lhe meLhods employed - Lhe number of shlps, Lhelr
formaLlon, armamenL, manoeuvres, eLc. - showed an lnLenLlon Lo lnLlmldaLe. 1he CourL
examlned Lhe dlfferenL Albanlan conLenLlons so far as Lhey appeared relevanL. lLs
concluslon ls LhaL Lhe passage was lnnocenL boLh ln lLs prlnclple, slnce lL was deslgned Lo
afflrm a rlghL whlch had been un[usLly denled, and ln lLs meLhods of execuLlon, whlch
were noL unreasonable ln vlew of Lhe flrlng from Lhe Albanlan baLLery on May 13Lh.
As regards Lhe operaLlon on november 12Lh/13Lh, lL was execuLed conLrary Lo Lhe
clearly expressed wlsh of Lhe Albanlan CovernmenL, lL dld noL have Lhe consenL of Lhe
lnLernaLlonal mlne clearance organlzaLlons, lL could noL be [usLlfled as Lhe exerclse of
Lhe rlghL of lnnocenL passage. 1he unlLed klngdom has sLaLed LhaL lLs ob[ecL was Lo
secure Lhe mlnes as qulckly as posslble for fear lesL Lhey should be Laken away by Lhe
auLhors of Lhe mlne laylng or by Lhe Albanlan auLhorlLles: Lhls was presenLed elLher as a
new and speclal appllcaLlon of Lhe Lheory of lnLervenLlon, by means of whlch Lhe
lnLervenlng SLaLe was acLlng Lo faclllLaLe Lhe Lask of Lhe lnLernaLlonal Lrlbunal, or as a
meLhod of self-proLecLlon or self-help. 1he CourL cannoL accepL Lhese llnes of defence. lL
can only regard Lhe alleged rlghL of lnLervenLlon as Lhe manlfesLaLlon of a pollcy of force
whlch cannoL flnd a place ln lnLernaLlonal law. As regards Lhe noLlon of self-help, Lhe
CourL ls also unable Lo accepL lL: beLween lndependenL SLaLes Lhe respecL for LerrlLorlal
soverelgnLy ls an essenLlal foundaLlon for lnLernaLlonal relaLlons. CerLalnly, Lhe CourL
recognlses Lhe Albanlan CovernmenL's compleLe fallure Lo carry ouL lLs duLles afLer Lhe
exploslons and Lhe dllaLory naLure of lLs dlplomaLlc noLes as exLenuaLlng clrcumsLances
for Lhe acLlon of Lhe unlLed klngdom. 8uL, Lo ensure respecL for lnLernaLlonal law, of
whlch lL ls Lhe organ, Lhe CourL musL declare LhaL Lhe acLlon of Lhe 8rlLlsh navy
consLlLuLed a vlolaLlon of Albanlan soverelgnLy. 1hls declaraLlon ls ln accordance wlLh
Lhe requesL made by Albanla Lhrough her counsel and ls ln lLself approprlaLe
saLlsfacLlon.
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1o Lhe !udgmenL of Lhe CourL Lhere are aLLached one declaraLlon and Lhe dlssenLlng
oplnlons of fudges Alvarez, Wlnlarskl, Zorlclc, 8adawl asha, krylov and Azevedo, and
also LhaL of ur. Lcer, !udge ad hoc.