Scribd
Upload
14 views1 page

Corfu Channel Case (United Kingdom v. Albania, ICJ, 1949)

The Corfu Channel Case involved the International Court of Justice ruling on Albania's responsibility for naval mine damage to British warships and the UK's violation of Albanian sovereignty during mine-clearing operations. The ICJ determined Albania failed to notify other states about the mines, while the UK's actions were deemed unlawful. This case highlights the enforcement challenges in international law, as Albania did not comply with the judgment for decades despite being ordered to pay compensation.

Uploaded by

Arslan Naveed
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
14 views1 page

Corfu Channel Case (United Kingdom v. Albania, ICJ, 1949)

The Corfu Channel Case involved the International Court of Justice ruling on Albania's responsibility for naval mine damage to British warships and the UK's violation of Albanian sovereignty during mine-clearing operations. The ICJ determined Albania failed to notify other states about the mines, while the UK's actions were deemed unlawful. This case highlights the enforcement challenges in international law, as Albania did not comply with the judgment for decades despite being ordered to pay compensation.

Uploaded by

Arslan Naveed
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 1

1|SLC 031

Corfu Channel Case (United Kingdom v. Albania, ICJ, 1949)


Citation:
Corfu Channel Case (United Kingdom of Great Britain and Northern Ireland v. People's Republic
of Albania)
International Court of Justice (Judgment), ICJ Reports 1949, p. 4
Jurisdiction:
International Court of Justice (ICJ)
Year: 1949
Legal Issue / Relevance to Petitioner Argument:
The case centered on two primary issues: Albania's responsibility for the damage caused by naval mines
to British warships in the Corfu Channel, and the legality of the United Kingdom's subsequent mine-
clearing operations in Albanian territorial waters without prior consent. The ICJ held that Albania was
responsible for the damage due to its failure to notify other states of the dangers posed by the mines.
Simultaneously, the Court found that the UK's unilateral mine-clearing operation violated Albanian
sovereignty. This case underscores the Petitioner's argument that international law lacks effective
enforcement mechanisms, as the judgment against Albania remained unenforced for decades.
Key Extracts from Judgment:
"The Court considers that the United Kingdom's action in sweeping the mines in Albanian territorial
waters, without the consent of the Albanian Government, constituted a violation of Albanian
sovereignty."
"The Court holds that Albania is responsible under international law for the explosions which occurred on
22 October 1946 in Albanian waters, and for the resulting damage and loss of human life, because it knew
or ought to have known of the presence of the mines and failed to notify other states of the danger."
Summary of Facts (Bullet Points):
 On 22 October 1946, two British destroyers struck mines in the Corfu Channel within Albanian
territorial waters, resulting in significant damage and loss of life.
 The United Kingdom conducted mine-clearing operations (Operation Retail) in Albanian waters
without seeking prior consent from the Albanian government.
 The ICJ found that Albania was responsible for the damage due to its failure to warn other states
of the minefield.
 The Court also held that the UK's unilateral mine-clearing operation violated Albanian
sovereignty.
 Despite the ICJ awarding the UK £843,947 in compensation, Albania refused to pay, and the
judgment remained unenforced for decades.
Application to Petitioner Argument:
This case exemplifies the limitations of international law in enforcing compliance and ensuring
accountability. Despite a clear judgment by the ICJ, the lack of an effective enforcement mechanism
allowed Albania to disregard the ruling without immediate consequence. This supports the Petitioner's
position that international law lacks the essential characteristics of a legal system, such as enforceability
and the ability to compel state compliance.

You might also like