CORFU CHANNEL CASE- (Case Commentary)

INTRODUCTION-

North Corfu channel is located in the middle of Albania and Greece. Some part of this lies in the Martine belt. Before May 1946, British ships check that the dangerous equipments and materials were really not affecting them while crossing nearby.....but in the same month of may there was some attack done by Albania’s ships, on British ship’s. But after some time of all this attacks and explosion one day suddenly, the dangerous material of Albania ship exploded and effected the British ships and men in the exploded manner results in the men and property loss if British ships.....with the result of the British removed all the dangerous material at the very calm place without the permission of “public republic of Albania......by which they get defeated and feels their resembling from British so they just case on them, in security council...from their they were advised to take their case to international court....but after the establishment of 1945...it was the first case of differential country seen by ICJ. After study of 2 years on different dates...the final decision was taken with respect to both of their priorities...so that no one feel defeated and no one wins...both of them have to give of the penalty of each other and respond for their mistakes...

FACTS-

This dispute of Corfu channel leads to the three main judgements passed by the courts. In 1946 due to explosion of mines and death of 42 crew members British ships has to suffer a lot, when they were passing through Corfu channel. Here, the ships were damaged and some crew members were killed by this explosion. Here UK gave the application on 22^nd May, 1947 to the international court of justice and they accused Albania for carrying out mines by allied naval authorities. This case was previously brought by Security Council......who referred it to this court.

LEGAL QUESTION-

Q-1: Whether Albania was responsible for the explosion incident?

Q-2: Whether UK violated the area and territorial sovereignty of Albania?

FIRST JUDGEMENT-

On 25^th March, 1948 Court gave the answer of the second question with respect to Albania party. Court said that-

The UK had interfered in the private property of Albania without their permission to remove the explosion mines.....this is considered as the violation of Albania’s sovereignty. Thus, British have to give the compensation of 1574 kg of gold.

SECOND JUDGEMENT-

On 9^th April, 1949 Court gave the answer of the first question with respect to British party. Court said that-

The people’s republic of Albania had not fulfilled their responsibility of international naval and due to which they are responsible for damage and problems caused for British peoples and also cause death of 42 crew members and loss of British property. Thus Albania has to give the compensation of loss. Also court suggested that ‘North Corfu channel must be kept in the dimension of international naval authorised path......for this each and every country has the opportunity to keep this path safe’......and if it is not safe then before entering in that channel it is allied naval authority responsibility to warn all the ships.

THIRD JUDGEMENT-

ON 15^th December,1949 court gave clear amt. of 8444000 pounds (i.e. 22.6 million 2016) to UK by Albania and 1574 kg(3470lbs) of gold to Albania by UK.

FINAL SETTLEMENT-

There was no settlement done between them till 1990. Finally, on 8^th May, 1992, UK was ready to grant 1574 kg of gold to Albania. Later on In 1998 Albania payed $02 million and the judgement was considered settlement. Although this settlement was taken after a long time but the decision taken was fare and obliged also respectful for both the countries (i.e.) Albania and United Kingdom.

HIGHLIGHTS OF CORFU CASE

Court name:-International court of justice (ICJ)

Full name of the case:-Corfu channel case (United Kingdom of Great Britain and Northern Ireland vs. Peoples Republic of Albania)

Decided On:- 25^th March, 1947........9^th April, 1949...........15^th December, 1949

Separate opinion given by:-Alejandro Alvarez

Dissenting opinions given by:-Bohdan winiarski.......Abdul Badawi Pasha.........Sergei Krylov........Philadelpho Azevedo..........Bohuslav Ecer.

Judge sitting was full of 16 members who were:- Jose Gustavo Guerro.........Jules Basdevant...................Alejandro Alvarez...............Isidro Fabela...............Green Hackworth..................Bohdan Winiarski................Milovan Zoricic..........Charless de Visscher......................Sir Arnold McNair...............Helge klaestad............Abdel badawi pasha...........................Sergei Krylov.......................John Reed...................Hsu Mo..............................Philadelpho Azevedo...........Bohuslav Ecer

 ANALYSIS-

According to my analysis related to this case -as we all know that this is a very important case referring to the merchants and vendors especially to those who are earning through their ships. The main problem which effected and become as conquer was just the unattended work done by Albania ships or say THE PEOPLE’S REPUBLIC OF ALBANIA called to the one of the greatest country........as when they kept the box of explosion mines in the desk of their ship they didn’t even inform anyone of the country which on further circumstances caused a lot of loss to Britain ships......if it might have informed to others about this then no wars occur and also....may be Britain must not need to face a lot of loss....also. It does not require a lot of compensation...on the other hand after a great loss of property and men kind.....British must not remove the mines from other country ship (it can take permission or can file a case against them for keeping theses explosion mines illegally) it might reach its level of respect up and has not given the 1574 kg of gold as compensation.....and we know that this channel is most important for all the countries so, the protection of this responsibility of all the countries then According to me they both are equally participated in this crime as.........Albania for not telling and British for stealing the mines form Albania’s ship as it is each and every country’s right to pass through channel at the time of peace because this channel is an international channel where all the country has right to pass their ships. That’s why it is necessary to protect it.

CONCLUSION-

By the end of this case...we get to know that this is related to the case of interference and self defence because by this channel all country’s has the right to take their respective paths. This is eligible to remember that THE GENEVA CONFERENCE OF THE LAW OF THE SEA, 1958 has accepted that all the countries has the right to pass through all the edges of other countries and thus rule is also included and applied in THE GENEVA CONVENTION ON THE TERRITORIAL SEA, 1958.

In this way international court of justice, has accepted and allowed the series of development with respect to the right of self defence, interference, the path obliged for all the foreign countries etc. This Corfu channel case will keep the relation frozen for upcoming five decades natural as today between Albania and United Kingdom. The pay regarding Albania 8444000 pounds will be subjected, challenged and communicated by Albania’s government which also challenges to the decision made by international court of justice (ICJ).

In present the rules of self defence related rights are established in the Article 51 of public international law...which abide and follows every rule of self defence. This case was first to be introduced in international court of justice after the establishment of 1945...which will remain arouse in the public international laws.

-Adv. Sangita Kumari