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Corfu Channel Case

The United Kingdom filed a case against Albania at the International Court of Justice after two British destroyers struck mines in Albanian waters, resulting in damage and loss of life. While the court did not find that Albania directly laid the mines, it held that Albania was responsible under international law because the mines could not have been in Albanian waters without the knowledge and consent of the Albanian government. The court ruled that Albania failed in its obligation to notify others of the minefield and warn approaching ships, making it responsible for the damages caused to the British destroyers.

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Lorielle May Arante
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119 views1 page

Corfu Channel Case

The United Kingdom filed a case against Albania at the International Court of Justice after two British destroyers struck mines in Albanian waters, resulting in damage and loss of life. While the court did not find that Albania directly laid the mines, it held that Albania was responsible under international law because the mines could not have been in Albanian waters without the knowledge and consent of the Albanian government. The court ruled that Albania failed in its obligation to notify others of the minefield and warn approaching ships, making it responsible for the damages caused to the British destroyers.

Uploaded by

Lorielle May Arante
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd

Corfu Channel Case

Facts:

Two British destroyers struck mines in Albanian waters and suffered damage,
including serious loss of life. The United Kingdom first seized the Security
Council of the United Nations which recommended the two Governments to
submit the dispute to the [Link] United Kingdom filed an Application and
accused Albania of having laid or allowed a third State to lay the mines after
mine-clearing operations had been carried out by the Allied naval authorities.

The court found that Albania was responsible under international law for the
explosions that had taken place in Albanian waters and for the damage and loss
of life which had ensued. It did not accept the view that Albania had itself laid the
mines or the purported connivance of Albania with a mine-laying operation
carried out by the Yugoslav Navy at the request of Albania. On the other hand, it
held that the mines could not have been laid without the knowledge of the
Albanian Government. On that occasion, it indicated in particular that the
exclusive control exercised by a State within its frontiers might make it impossible
to furnish direct proof of facts incurring its international responsibility.

Issue:

Whether or not Albania is responsible for the planted mines and the destruction
of the British Destroyers

Ruling:

Yes, Under the Doctrine of State responsibility, Albania is held responsible for
the damages it caused to another state. The obligations of Albanian authorities
consisted in notifying the states of the existence of a minefield in Albanian
territorial waters and in warning the approaching British warships of the imminent
danger to which the minefield exposed them. In fact, Albania neither notified the
existence of the minefield, nor warned the British warships of the danger they
were approaching.

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