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Three weeks later, the North Corfu Channel was swept by British
minesweepers which took place in Albanian territorial waters without
permission from that country. (Operation Retail)
Yes
The Court states that it did not need to determine who
placed the mines. Given that they were in Albanian
territorial waters, and that the evidence placed the
minelaying activity at a recent time, during which Albania
was known to have high levels of security.
The Court held that UK did not violate Albanian sovereignty when it
entered Albanian territorial waters on October 22,1946
The passage was innocent since it was designed to affirm a right
which was unjustly denied
The "mission" was designed to affirm a right which had been unjustly
denied. The Government of the United Kingdom was not bound to
abstain from exercising its right of passage, which the Albanian
Government had illegally denied
The Court held that a right to innocent passage existed during times
of peace through straits like Corfu Channel. The Court accepted that
some Albanian regulation of passage through the channel would
have been acceptable, but not to the extent of demanding prior
authorization barring the passage of warship outright.
RULING
April 9,1949
Albania is responsible for the explosions and
for the resulting damage and loss for human
life suffered by UK
The minesweeping by the UK had violated
Albanian sovereignty.