The Corfu Channel Case

Background

The Corfu Channel case (United Kingdom v. Albania, 1949) was the ICJ's very first contentious case. In October 1946, two British warships struck mines while passing through the Corfu Channel between Albania and the Greek island of Corfu. Forty-four sailors were killed and 42 injured. Britain accused Albania of laying or knowingly allowing the mines, while Albania denied responsibility and claimed the British passage was unauthorized.

The case arose in the charged atmosphere of early Cold War politics. Albania was aligned with the Soviet bloc, and Britain saw the mining as a hostile act. The Security Council referred the dispute to the ICJ, and Albania, while initially contesting jurisdiction, ultimately participated in the proceedings.

The Judgment

The Court ruled in 1949 that Albania was responsible for the mining and owed compensation to Britain. It found that Albania knew or must have known about the mines and failed to warn the British vessels. The Court established the principle that every state has an obligation not to allow knowingly its territory to be used for acts contrary to the rights of other states.

Equally important, the Court found that Britain had a right of innocent passage through the Corfu Channel as an international strait, but that a subsequent British minesweeping operation in Albanian territorial waters violated Albanian sovereignty. Both sides won and lost, and the Court demonstrated its willingness to rule against even the powerful party when the law required it.

Corfu Channel at a Glance

Corfu Channel was the very first case entered on the Court's General List.