Pragya Sharma

20131034
Group-1

Corfu Channel Case (United Kingdom of Great

Britain and Northern Ireland v. Albania)
FACTS
On May 15, 1946, two British ships passed through Albanias North
Corfu Channel where Albanians fired at them. This led to
diplomatic discussions about the right of British ships to pass
peacefully through Albanian waters. Albanians contented that the
ships shall not pass through without providing prior notification to
the

Albanian

government.

However,

UK

argued

that

under

international law it has a right to innocently pass through the

straits. After this incident (between 15 th May, 1946 and 22nd
October, 1946), the Albanian government placed mines in the Corfu
Channel. Albania was at war with Greece, and the mines were
supposed to be a part of its defense. On the 22nd October the British
again attempted to pass through the straits, and de-mined the
channel, which led to a loss of human life. UK claimed that the
ships were involved in an innocent passage. Albania claimed that
sending

warships

through

the

channel

was

meant

to

be

intimidating and thus not innocent.

ISSUE
The UK brought a suit in the ICJ on the ground that Albania had a
duty to warn the approaching British ships of the mines. It sought
damages from Albania. Albania argued that the British ships had
violated its territorial rights on May 15, 1946, and that it was
entitled to a satisfaction.
STATUTE APPLICABLE
Articles 17-21 of the Convention - Rules of innocent passage.
Article 39 of the Convention - Rules of transit passage.

Pragya Sharma
20131034
Group-1
REASONING
The ICJ found that ships could use narrow channels for innocent
passage, even if that meant they had to enter the 12-mile
territorial waters of a coastal country. The ICJ found that the UK
had a right to traverse the Channel. The ICJ found that since the
Channel could be used to innocent passage, Albania could not mine
it without giving prior notice.

The ICJ also said that UK couldnt sweep the Channel for mines,
since minesweeping was outside the definition of innocent passage.
The Court recognized that the Albanian Government completely
failed to carry out its duties after the explosions, and the dilatory
nature of its diplomatic notes, were extenuating circumstances for
the action of the United Kingdom Government.
This case mainly decided based on customary international law, as
it occurred prior to the Convention on the Law of the Sea [1833
U.N.T.S. 3 (1982)], which would now apply.
DISPOSITION
To ensure respect for international law, of which it is the organ, the
Court declared that the action of the British Navy constituted a
violation of Albanian sovereignty.