Introduction 

• This case also known as Corfu Channel case, is a landmark dispute in international law, arose from mine explosions damaging British warships in Albanian waters in 1946.  
• It led to three significant judgments by the International Court of Justice. 

Facts 

• In 1946, British warships were damaged by mine explosions while passing through the Corfu Channel in Albanian waters. 
• The United Kingdom accused Albania of laying mines or allowing a third party to do so. 
• The case was initially brought before the UN Security Council, which recommended referring it to the International Court of Justice (ICJ). 
• The UK filed an application with the ICJ on 22nd May 1947. 
• Albania submitted a counter-claim accusing the UK of violating its sovereignty. 

Issues Involved

• Whether the ICJ has Jurisdiction to try the case? 
• Whether UK's minesweeping operations in Albanian waters was legal?  

Observations 

• Jurisdiction and Admissibility (25th March 1948 Judgment):  
  • Albania's communication on 2nd July 1947, constituted voluntary acceptance of the Court's jurisdiction. 
  • Consent to jurisdiction is not subject to specific formal requirements. 
• Merits of the Dispute (9th April 1949 Judgment):  
  • Albania was held responsible under international law for the explosions and resulting damages. 
  • The Court did not find evidence that Albania itself laid the mines or colluded with Yugoslavia to do so. 
  • The mines could not have been laid without Albania's knowledge, based on circumstantial evidence. 
  • The Court recognized the validity of circumstantial evidence in cases where direct proof is impossible due to a state's exclusive control within its borders. 
  • The UK's passage through the Corfu Channel was deemed an exercise of innocent passage through international straits. 
  • The notion of "self-help" was not accepted as justification for the UK's intervention. 
• Reparations (15th December 1949 Judgment):  
  • Albania was ordered to pay £844,000 in reparations to the UK. 

Conclusion 

The Court rejected the UK's minesweeping operation as a violation of Albanian sovereignty.