That the British Admiralty must have considered the Channel to be a safe route for navigation is shown by the fact that on May 15th, 1946, it sent two British cruisers and on October 22nd a squadron through the Channel without any special measures of precaution against danger from moored mines. Change ), You are commenting using your Facebook account.
The Search Engine for International Law & Arbitration. subject to the right of the Parties to avail themselves of Article 68 of the Alb. In this order, the Court, after noting that the Government of the United Kingdom had stated, in its Memorial of October 1st, 1947, the various amounts claimed by way of compensation, and after reserving the right of the Parties to avail themselves of the provisions of Article 68 of the Rules of Court, fixed, in accordance with Article 48 of the Statute, the following time-limits : June 25th, 1949, for the observations of the Albanian Government ; July 25th. The cruiser Mauritius was leading, followed by the destroyer Saumarez; at a certain distance thereafter came the cruiser Leander followed by the destroyer Volage. copyright Corfu Channel Case ICJ Reports 1949, p.4, (State responsibility- modes of reparation-use of circumstantial evidence-right of innocent passage- passage of warships through territorial waters-self help).
This cannot, however, be done in the present Judgment. The Albanian Government filed no reply or other document. This is sufficient time to attract the attention of the observation posts, placed, as the Albanian Government stated, at Cape Kiephali and St. George’s Monastery.
On the other hand, it is a fact that the two coastal States did not maintain normal relations, that Greece had made territorial claims precisely with regard to a part of Albanian territory bordering on the Channel, that Greece had declared that she considered herself technically in a state of war with Albania, and that Albania, invoking the danger of Greek incursions, had considered it necessary to take certain measures of vigilance in this region. - 9 Apr 1949, Dissenting opinion by Judge Winiarski (translation), Dissenting opinion by Judge Azevedo (translation), Dissenting opinion by Judge ad hoc Ečer (translation), Dissenting opinion by Judge Badawi Pasha (translation), Dissenting opinion by Judge Krylov (translation), Judgment - Assessment of the amount of compensation due from the People's Republic of Albania to the United Kingdom of Great Britain and Northern Ireland On October 22nd, 1946, a squadron of British warships, the cruisers Mauritius and Leander and the destroyers Saumarez and Volage, left the port of Corfu and proceeded northward through a channel previously swept for mines in the North Corfu Strait. Purchase this article for $34.00 USD. COMPETENCE OF THE GENERAL ASSEMBLY FOR THE ADMISSION OF A STATE TO THE UNITED … CORFU CHANNEL CASE (MERITS) Judgment of 9 April 1949 5 4. Read your article online and download the PDF from your email or your account. 1 … Reports 1947-1948, p. 15), in the Corfu Channel case, in proceedings instituted on May 22nd, 1947, by an application of the Government of the United Kingdom of Great Britain and Northern Ireland against the Government of the People’s Republic of Albania, the Court gave its decision
The report of the Experts reckons the time that the minelayers would have been in the waters, between Cape Kiephali and St. George’s Monastery, at between two and two and a half hours.
Finally, the Court directed that further procedure, including the appointment of experts in case of agreement being reached by the Parties both as to the subject of the experts’ opinion and as to the names of the experts, should be regulated by order of the President of the Court in this case. ©2000-2020 ITHAKA. If, however, the Court should limit itself to saying that there is a duty to pay compensation without deciding what amount of compensation is due, the dispute would not be finally decided. The sweep began in the morning of November 13th, at about 9 o’clock, and ended in the afternoon near nightfall. Change ), Syndicate Bank v. R.S.R. Outside the Bay of Saranda, Saumarez struck a mine and was heavily damaged. The Court cannot fail to give great weight to the opinion of the Experts who examined the locality in a manner giving every guarantee of correct and impartial information.
As regards the possibility of observing mine laying from the Albanian coast, the Court regards the following facts, relating to the technical conditions of a secret mine laying and to the Albanian surveillance, as particularly important. By the first part of the Special Agreement, the following question is submitted to the Court: “(1) 1s Albania responsible under international law for the explosions which occurred on the 22nd October 1946 in Albanian waters and for the damage and loss of human life which resulted from them and is there any duty to pay compensation?”. Use NEAR alone for X = 30 words. In the Corfu Channel Case (Merits) (1949), before the International Court of Justice, Judge Azevedo said in his dissenting opinion: “A condemnation, even to the death penalty, may be well-founded on indirect evidence and may nevertheless have the same value as a judgment by a court which has founded its conviction on the evidence of witnesses. This vigilance is proved by the declaration of the Albanian Delegate in the Security Council on February 19th, 1947 (Official Records of the Security Council, Second Year, No. Done in French and English, the French text being authoritative, at the Peace Palace, The Hague, this fifteenth day of December, one thousand nine hundred and forty-nine, in three copies, one of which will be placed in the archives of the Court and the others transmitted to the Governments of the United Kingdom of Great Britain and Northern Ireland and of the People’s Republic of Albania respectively. institution. The Court recognizes that the Albanian Government’s complete failure to carry out its duties after the explosions, and the dilatory nature of its diplomatic notes, are extenuating circumstances for the action of the United Kingdom Government. In such circumstances the Court arrives at the conclusion that the explosions were due to mines belonging to that minefield. People's Republic of Albania to reply; By reason of this exclusive control, the other State, the victim of a breach of international law, is often unable to furnish direct proof of facts giving rise to responsibility. Check out using a credit card or bank account with. ), Merits, On 24 June 1949, the President of the Court made an order in which it was stated that by telegram, dated at Tirana, June 23rd, 1949, the Deputy-Minister for Foreign Affairs of Albania had asked for the extension of the time-limit for the presentation of the Albanian observations to July 1st, 1949, and that there was no reason for refusing that request. In fact, Albania neither notified the existence of the minefield, nor warned the British warships of the danger they were approaching. As some members of the Court had asked for certain explanations in regard to the Report, the experts, summoned to a meeting of the Court, replied on December 3rd to questions put to them. Having regard to Article 48 of the Statute of the Court, One fact of particular importance is that the North Corfu Channel constitutes a frontier between Albania and Greece, that a part of it is wholly within the territorial waters of these States, and that the Strait is of special importance to Greece by reason of the traffic to and from the port of Corfu.
The President accordingly decided to extend the time-limits fixed by the Order of the Court of April 9th as follows : July 1st, 1949, for the observations of the Albanian Government ; August 1st for the reply of the Government of the United Kingdom ; September 1st for the reply of the Albanian Government. - 29 June 1949, Observations submitted under the Order of the Court of 9th April, 1949, by the Government of the United Kingdom of Great Britain and Northern Ireland (Compensation) But it cannot be concluded from the mere fact of the control exercised by a State over its territory and waters that that State necessarily knew, or ought to have known, of any unlawful act perpetrated therein, nor yet that it necessarily knew, or should have known, the authors. The operation was carried out under the protection of an important covering force composed of an aircraft carrier, cruisers and other war vessels. ), 1949 I.C.J. But this would certainly not have prevented the Albanian authorities from taking, as they should have done, all necessary steps immediately to warn ships near the danger zone, more especially those that were approaching that zone. The “mission” was designed to affirm a right which had been unjustly denied.
Gives judgment in favour of the claim of the Government of the United Kingdom, and. "Corfu Channel, United Kingdom v Albania, Judgment, Merits, ICJ GL No 1, [1949] ICJ Rep 4, ICGJ 199 (ICJ 1949), 9th April 1949, United Nations [UN]; International Court of Justice [ICJ]" published on by Oxford University Press.
The facilities for observation from the coast are confirmed by the two following circumstances: the distance of the nearest mine from the coast was only 500 metres; the minelayers must have passed at not more than about 500 metres from the coast between Denta Point and St. George’s Monastery. - 22 May 1947, Order - Fixing of time-limits: Memorial and Counter-Memorial Three weeks later, on November 13th, the North Corfu Channel was swept by British minesweepers and twenty-two moored mines were cut. Having regard, however, to all the circumstances of the case, as described above, the Court is unable to characterize these measures taken by the United Kingdom authorities as a violation of Albania’s sovereignty. institution. The method adopted required, according to the Experts of the Court, the methodical and well thought-out laying of two rows of mines that had clearly a combined offensive and defensive purpose: offensive, to prevent the passage, through the Channel, of vessels drawing ten feet of water or more; defensive, to prevent vessels of the same draught from entering the Bay of Saranda. and Thursday, August 25th, 1949, as the time-limit for the Government of the (Signed) E.Hambro, from it; [p172] At the same sitting, after the Agent for the United Kingdom Government had been heard, the President announced that the Court had decided, in pursuance of paragraph 2 of Article 53 of the Statute, to examine the figures and estimates submitted by the United Kingdom Government, and, in conformity with Article 50 of the Statute, to. - 28 July 1949, Affidavit signed by the Deputy-Secretary of the British Admiralty Albania to the United Kingdom of Great Britain and Northern Ireland, Having regard to these various considerations, the Court has arrived at the conclusion that the North Corfu Channel should be considered as belonging to the class of international highways through which passage cannot be prohibited by a coastal State in time of peace. In the light of the information now available to the Court, the authors of the mine laying remain unknown. The Court consequently finds that the following facts are established. Judgment of 15 December 1949 Assessment of the amount of compensation due from the People's Republic of Albania to the United Kingdom of Great Britain and Northern Ireland (including the text of the declaration of the Judge Krylov) Available in: English French Bilingual - 19 Nov 1949. Reports 1949, p. 244; General List No. On May 15th, 1946, the British cruisers Orion and Superb, while passing southward through the North Corfu Channel, were fired at by an Albanian battery in the vicinity of Saranda. Sir Frank Soskice, Solicitor-General. Reports 1949, p. 4). 1949, for the reply of the United Kingdom Government, and August 25th, 1949, for the reply of the Albanian Government. It would not give full effect to the Resolution, but would leave open the possibility of a further dispute. This letter asked for a change in the procedure instituted by the Court for the submission of observations and, failing that, for a prolongation of the appointed time-limit until December 23rd.
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