International Court of Justice
9th April 1949
I. Where is the CORFU CHANNEL?
- the narrow body of water along the
coasts of Albania and Greece to the
east separating these two countries
II. FACTS:
1. First Incident (15 May 1946)
 HMS Orion and HMS Superb
crossed the Corfu Channel following
and inspection and clearing of the
strait
 While crossing they came
under fire from fortifications situated
on the Albanian coast. The ships
suffered no material damage nor
human casualty.
 Britain issued a formal
demand for an immediate public
apology from the Albanian
government but the latter claimed
trespassing in the Albanian waters.
2. Second Incident (22 October 1946)
 HMS Mauritius, HMS Leander
and destroyers HMS Saumarez and
HMS Volage were ordered northward
through the Corfu Channel with the
express orders to test the Albanian
reaction to their right of innocent
passage and to respond if attacked.
 Destroyer Saumarez struck a
mine and was heavily damaged
beyond repair. Destroyer Volage was
ordered to tow but also struck a mine
and sustained heavily damage.
 The Albanian batteries did
not fire during the this incident and
an Albanian vessel approached the
scene flying the Albanian flag and
white flag.
Prepared by:
Michael Siega and Arianne Pascual
Public International Law (2-B)
 Albania had no appropriate
vessels at that time, the mines were
probably laid by the Yugoslavian
minelayers Mlijet and Melijine on the
Albanian request on 20 October 1946.
 The British Minister of
Pensions awarded full military
pensions to the disabled and the
widows of the dead. [Forty-four (44)
men died and forty-two (42) men
were injured]
3. Operation Retail (12-13 November
1946)
 Under the direction of Allied
Commander-in-Chief Mediterranean,
the Royal Navy carried out an
additional minesweeping operation
without the authorization of the
Albanian government with the
additional purpose of using the mines
as corpora delicti to prove self-
defense on the part of the British.
 A French Naval officer also
acted as an observer. An aircraft
carrier, cruisers and other warships
provided cover.
 Twenty two were discovered
and cut from undersea moorings.
 The placement deemed that
it was deliberately placed and not
simply a random aggregation of
isolated mines.
 Albanian Prime Minister Enver
Hoxh dispatched a telegram to the
United Nations complaining about the
incursion.
4. Aftermath
 Britain sent a note to the
Albanian government accusing
Albania of laying mines and
demanding reparations with demand
 International Court of Justice
9th April 1949

of receiving a reply within fourteen This was confirmed in the Experts’

days or it will be referred to the UN report.
Security Council.
 Albania denied the  Nothing was attempted by
allegations and claimed that whole the Albanian authorities to prevent
affair was work of countries which do the disaster.
not want normalization of Albania and
British relations.
 Duty of Albania to pay
compensation.
 The British government
brought the case to the International
Court of Justice, after the attempt to • Neither UK nor Albania
involve UNSC failed. suggested limiting the
competence of the ICJ in
III. Issues Raised: determining the compensation
amount.
 Whether Albania is
responsible for the explosions, and is • The amount at that time was
there duty to pay compensation? not yet identified by the Court
(Dec 1949, award of 843,947
 Whether the United Kingdom Pounds or 2,009,437 USD)
violated international law by the acts
b. Second Issue
of its Navy in the Albanian waters in
the following dates:  22 October 1946 Incident

• Fourteen against two votes,

• 22 October 1946 Incident United Kingdom did not violate
• Operation Retail the Albanian sovereignty
IV. Ruling of the International Court of • It is generally recognized and
Justice in accordance with international
customs that States in time of
peace have a right to send their
a. First Issue warships through straights used
for international navigation
 Eleven to Five votes that between two (2) parts of high
Albania is responsible. seas, provided that the passage
is “innocent”.
 Albania did not notify of the
presence of the mines in its waters. In
comparison with the appointment of • Said passage made by the UK
a Commission to inquire into the Royal Navy was declared by the
events made by the Greek Court as innocent. It was
government. designed to affirm a right which
has been unjustly denied in view
 The geographical
of the firing from the firing from
configuration would make it hard for
the Albanian battery on May 15th.
the Albanian coastal defenses not to
observe the mine laying operations.

Prepared by:
Michael Siega and Arianne Pascual
Public International Law (2-B)
 International Court of Justice
9th April 1949

• The fact that Greece and

Albania did not maintain normal
relations due to territorial claims,
would have justified the issuance
of regulations by the Albanian
government in respect to
passage. However, it does not
validate the prohibition of such
passage or subjecting vessels to
the requirement of Special
Authorization.

 Operation Retail

• By a unanimous decision, the

Court declared that the incident
constituted a violation of the
Albanian sovereignty.
• The Court did not accept the
United Kingdom’s defense
invoking right to innocent
passage, the theory of
intervention and said action was
a method for self-protection or
self-help.

• The Court recognizes the

Albanian Government’s failure to
carry out it’s duties after the
explosions and the dilatory
nature of its diplomatic Notes as
mitigating circumstances for the
action of the United Kingdom.

Prepared by:
Michael Siega and Arianne Pascual
Public International Law (2-B)