1. UNITED KINGDOM v.

ALBANIA (Corfu Channel Case)

April 9, 1949 | ICJ | JF
Use of Force

DOCTRINE: The manifestation of a policy of force, [which] has, in the past, given rise to most serious abuses […] cannot
[…] find a place in international law.

CASE SUMMARY: Ships of the UK Royal Navy struck mines. It then went back to sweep and cut mines, but this was
done in Albanian territorial waters. Albania protested and said that this was a violation of its sovereignty. The UK argues
that it was justified in its intervention in Albanian territory because it had to recover evidence of the mines for submission
as evidence to international tribunals. The ICJ ruled that the intervention was not justified based on the doctrine above.

FACTS:
• May 15, 1946: 2 UK Royal Navy ships were passing through the Corfu Channel
o They were fired upon by Albanian batteries from the shore
o Neither ship was hit
• October 22: 4 Royal Navy ships were passing through the Channel
o 1 struck a mine and was heavily damaged
o Another one, which was towing the damaged ship, also struck a mine
o 44 died and 42 were injured
• The UK then sent a note to Albania announcing its intention to sweep the Corfu Channel of mines
o Albania replied and said it will not consent to it unless it is done outside Albanian waters
o UK announced it would proceed, but Albania protested
• November 12 & 13: the Royal Navy returned and undertook a mine clearing operation (dubbed Operation
Retail)
o Cut around 22 mines; 2 were taken for investigation
o They did this is Albanian waters without the prior consent of Albania
o Albania thus formally complained to the United Nations
§ They claim that the UK violated their sovereignty
• The UK also brought a suit against Albania before the ICJ
o UK argues that:
§ Albania was involved or connived in the laying of the mines, or at least had knowledge
§ That it was given permission to resweep the navigable channel by Greece
• Since the Corfu Channel was in the sector allotted to Greece by the Mediterranean Zone
Board, the UK was given permission by Greece to resweep the channel
§ Although Albania did not give its consent, the operation was one of extreme urgency, and
that it considered itself entitled to carry it out without anybody's consent
§ The mines must also be secured as evidence as quickly as possible, under fear that they will be
taken away by the authors of the minelaying or by Albanian authorities.
• THUS, the UK was justified in its intervention
o Albania denied involvement in the laying of mines
§ Argues that the UK violated its sovereignty when it conducted Operation Retail in its waters
• Foreign warships have no reason to sail in Albanian territorial waters
• A deliberate violation of Albanian territory and sovereignty

ISSUE: W/N the UK violated the sovereignty of Albania through its mine-clearing operation in Albanian waters - YES

RULING:
[On need of intervention]
• The UK argues that the mines must be secured as evidence as quickly as possible, under fear that they will be
taken away by the authors of the minelaying or by Albanian authorities.
o This argument was presented as a new and special application of the theory of intervention, by means of
which the State intervening would secure possession of evidence in the territory of another State, in order
to submit it to an international tribunal and thus facilitate its task
• ICJ ruled against the UK
o This alleged right of intervention is a manifestation of a policy of force, and such has, in the past,
given rise to most serious abuses
§ Such cannot, whatever be the present defects in international organization, find a place in
international law.

 § Intervention is perhaps still less admissible in the particular form it would take here; for,
from the nature of things, it would be reserved for the most powerful States, and might
easily lead to perverting the administration of international justice itself.
[On alleged self-protection]
• The UK has classified "Operation Retail" as a method of self-protection or self-help.
o ICJ ruled against the UK
o Between independent States, respect for territorial sovereignty is an essential foundation of
international relations.
o The Court recognizes that the Albanian Govemment's complete failure to carry out its duties after the
explosions are extenuating circumstances for the action of the UK.
o But to ensure respect for international law, of which it is the organ, the Court must declare that
the action of the British Navy constituted a violation of Albanian sovereignty.
[On alleged unnecessary display of force]
• The method of carrying out "Operation Retail" has also been criticized by the Albanian Govemment
o The UK, on that occasion, allegedly made use of an unnecessarily large display of force, out of proportion
to the requirements of the sweep.
o ICJ ruled against Albania
o It does not consider that the action of the British Navy was a demonstration of force for the purpose of
exercising political pressure on Albania.
o The naval commander, who kept his ships at a distance from the coast, merely employed an important
covering force in a region where his ships had been fired upon a few months prior

NOTES:
[On Greece’s permission]
• There was no obligation to resweep the Channel because previous sweeps in 1944 and 1945 were considered as
successful and the area was declared safe.
o Albania was not even consulted regarding the allocation to Greece of the sector in question, despite the
fact that the Channel passed through Albanian territorial waters.
o Thus, this defense is nominal