Verdict Against Albania
The Corfu Channel Case was a tough test of the competence and integrity of the International Court of Justice at The Hague and the Court must be held to have done well in the first case before it. The main issue before the Court was whether Albania was respon- sible under international law for the explosions on October 22nd, 1946, in Albanian waters which killed 44 and injured 42 tritish sailors and damaged the destroyers Satunarez ' and Volage' The Court found that the explosions were due to mines belonging to a newly laid minefield consisting of moored contact German GY mines. The British case was that the minefield was laid by or with the connivance or knowledge of the Albanian Government. The Court found that it could not have been laid without Albania's knowledge. Albania was therefore under obligation to notify the existence of the minefield. In fact, "nothing was attempted by the Albanian authorities to pre- vent the disaster. These grave omissions involve the international responsibility of Albania and Albania is liable to pay compensation." The Court also had to decide whether Britain under international
law violated the sovereignty of Albania by the actions of the British Navy in Albanian waters on October 22nd, when the destroyers were mined, and on November t2th and t3th, when a strong British naval force participated in " Operation Retail " in sweeping the mined area. As to the mission on October 22nd, the Court found by a majority of 14 to 2 (only the Russian and Brazilian judges dissenting) that it was not a violation of Albanian sovereignty, but was "designed to affirm a right which had been unjustly denied." Both the Polish and the Czech judges supported Britain on this issue. As to " Operation Retail "—the Court ruled unanimously that this did technically violate Albanian sovereignty. What remains is recovery of damages. Britain claims £875,000. Albania is given until August 25th to complete submissions on quantum of damages. Time has certainly not been of the essence of these proceedings, although it would be wrong to blame the Court itself for all the delay.
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