COUR INTERNATIONADEJUSTICE
MEMOIRES,PLAIDOIRIES ETDOCUMENTS
AFFAIRE DU DÉTROIT
DE CORFOU
VOLUME1.
Requêt-.Mémoire britsnnique et annexes.
INTERNATIONALCOURT OF JUSTICE
PLEADINGS, ORAL ARGUMENTS,DOCUMENTS
THE CORFU
CHANNELCASE
VOLUME 1.
Application.-BMemorial and annexes. PREMIÈRPARTIE
REQUÊTE INTRODUCTIVE D'INSTANCE
ET PIÈCES DE LA PROCÉDURE ÉCRITE
PART 1
APPLICATIONINSTITUTING PROCEEDINGS
AND DOCUMENTS OF THE WRITTEN
PROCEEDINGS SECTION A.-APPLICATION INSTITUTING
PROCEEDINGS.
1.-LETTER FROM HIS BIAJESTY'S AMBASSADOR
AT THE HAGUE TO THE REGISTRAR, INTERNATIONAL
COURT OF JUSTICE, THE HAGUE.
The Hague, zziid Rlay 1947.
Sir,
1have the honour to transmit tu you, for communication to
the President and judges of the International Court of Justice,
an .4pplication to the Court submitted by His Majesty's Govern-
ment in the United Kingdom. His Majesty's Government have
appointed Mr. II'.E. Beckett, C.M.G., K.C., the Legal Adviser to
the Foreign Office,as their Agent, and 1 certify that the signature
on the Application is the signature of Mr. BecketIn accordance
with Article 35 (5)of the Rules of Court,1 have the honour to
state that the address for service of the Agent of His Majesty's
Government is this Embassy.
1 Iiave, etc.
(Signed)NEVILE BLAND.
II.-LETTER FROBI THE AGENT OF THE GOVERNRIEXT
OF THE UNITED KINGDOM OF GREAT BRIT-4IX
AND NORTHERN IRELAND TO THE REGISTRAR,
IXTERNATIONAL COURT OF JUSTICE, THE HAGUE.
13th May, 1947.
Sir,
In accordance with Article 40(1)of the Statutcand -4rticle 32
(2) of the Rules of Court, 1 have the honour to address to
you the present writtcii Application of the Government of the
United Kingdom of Great Britain and Northern Ireland against
the Government of the People'sRepublic of Albania. The sub-
ject of the dispute and the succinct statement of the facts and
grounds, oii which the claim of the Government of the United
Kingdom is based, are to be found in a note' addressed oii
9th Dccember, 1946, to the Albanian Government through His
Majesty's Ambassador at Belgrade, of which a copy is attached
as Anriex r to this Application.
2. The Govcriiment of the United Kingdom contend that the
Court has jurisdiction under Article (1)of its Statute as being LETïER FR03f BRITISH AGENT (13 V 47) 9
a matter which is one specially provided for in the Charter of
the United Xations, on the grounds : (a)that the Security Council
of the United Nations, at the conclusion of proccedings in which
it dealt with the dispute undcr Article 36 of the Charter, by a
Resolution, of which a copy forms Annex zto this Application,
decided to recommend both the Government of the United
Kingdom and the Albanian Government to refer the present
dispute to the International Court of Justice;(b)that the Albanian
Government accepted the invitation of the Security Council under
Article 32 of the Charter to participate in the discussion of the
dispute and accepted the condition laid down by the Security
Council, when conveying the invitation, that Albania accepts in
the present case al1the obligations which a Member of the United
Nations would have to assume in a similar case. (A copy of
the invitation of the Security Council and of the Albanian
Government's reply thereto form Annex 3 to the present Appli-
cation) ; (6) that Article 25 of the Charter provides that the
Members of the United Nations agree to accept and carry out
the decisions of the Security Council in accordance with the
present Charter.
3. The claim of the Government of the United Kingdom is
(1) that the Albanian Government either caused to be laid, or
had knowledge of the laying of, mines in its territorial waters
in the Strait of Corfu without notifying the existence of these
mines as required by Articles 3 and 4 of Hague Convention
No. VI11 of 1907,by the general principles of international law and
by the ordinary dictates of humanity ; (2) that two destroyers
of the Royal Xavy were damaged by the mines so laid, resulting
in the loss of lives of forty-four personnel of the Royal Navy
and serious injury to the destroyers ; (3) that the loss and damage
referred to in (2)was due to the failure of the Albanian Govern-
ment to fulfil its international obligations and to act in accordance
with the dictates of humanity ; (4)that the Court shall decide
that the -4lbanian Government is internationally responsible for
the said loss and injury and is under an obligation to make
reparation or pay compensation to the Government of the United
Kingdom therefor; and (5) that the Court shall determine the
reparation or compensation.
4. The undersigned has been appointed by the Government
of the United Kingdom as its Agent for the purposes of these
proceedings.
1 am, etc.
(Sig~~edT) V.E. BECKETT,
Legal Adviser to the Foreign Office. NOTE ADDRESSED ON DECEMBER 9th, 1946,
TO THE ALBANIAN GOVERNRIENT THROUGH
HIS AlAJESTY'S AMBASSADOR AT BELGRADE.
[Original text: !Znglish.]
Follo~vingis the text of the note of the incidents in thc Corfu
Channel of 15th May and zznd October, delivered to the Albanian
Legation in Belgrade on 9th December :-
His Majesty's Government in the United Kingdom have been
revicwing the recent incidents in the Corfu Channel ending with
the senous incident of zznd October, in which two of His Rfajesty's
vessels were heavily damaged by mines with a grievous loss of life.
2. The Albanian Government will bc aware that during the
war of 1939-1945 some hundreds of thousands of mines were laid
in the waters of thc Mediterranean and North-West Europe.
Thcy will rccall that in 1944 and 1945 the following areas of
Albanian territorial waters mere swept or searched by British
minesweepers :-
Valons Bay : Deccmber 1944.
Durazzo Approaches : December 1944, March 194j.
North Corfu Channel : October 1944.
No objection to this action mas raiscd by -4lbania or any other
Power.
3. Only about zo,ooo of the mines laid in the waters of the
Illediterranean and North-West Europc had been swept by the
end of hostilitics. In order to carry out the formidablc task
of removing the remainder in a CO-ordinated manner, an inter-
national organisation was set up in Novernber 1943 by agreement
betwecn the Govcrnments of the U.S.S.R., United States, United
Kingdom and France. The objects of the organisation \Ircre :-
(1) To use the available mineswccping forces to the best
advantagc for-
(a) the clcarance of fishing grounds;
(b) the widening of al1channels ;
(G) the establishment of clear water for vessels repairing
important telegraph cable routes ;
(d) the clcarance of areas coiitaining mines dangerous to
surface shipping ;
(e) the clearance of deep anti-submarine mines.
(2) To promulgate information about mines and mine clearance
to the shipping of the world. XOTE TO THE ALBANIAS GOVERNYEST (9 XII 46) II
4. The International Central IIine Clearance Board was
composed of representatives of the four Powers mentioned abore:.
On the recommendations of tne Central Board, other Powers
were in~ited to become members of Zone Boards. Thus, the
Irediterranean Zone Board consists of representatives of France,
Greece, U.S.S.R., United Kingdom, United States and Yugo-
slavia. Certain other Governments were invited to send obser-
vers, but Albania was not so invited because she possessed no
minesweeping forces.
5. As the Albanian Government are anrare, the second of the
two objects mentioned in paragraph z above was fulfilled by the
issue of M.E.D.R.I. charts and pamphlets by the International
Routing and Reporting Authority. The areas of Albanian ter-
ritorial waters swept by the British minesweepers were included
in these publications. Albania, together with al1 other Nediter-
ranean countries, whether represented on the Mediterranean
Zone Board or not, received thirty copies of these documents
and a like number of al1 subsequent monthly issues.
6. It \vas thus publicly notified that the intcrnational water-
Jray of the Xorth Corfu Channel \iras once again open to navi-
gation and it and other swept channels, wholly or partly in
Albanian territorial waters, werc used by British and other ships
in possession of these documents. In fact, iintil May of the
present year, shipping of al1 kinds replarly used the Channel
\vithout hindrance from either Greece or Albania, the territorial
Polvers concerned, in accordance mith the normal rule of intcr-
national la~v, which recognises that in peace and \var there is
both for warships and merchant vessels a right of innocent passage
through straits forming highways of international maritime traffic.
On 15th &y, however, His IIajesty's cruisers Oriol~and
Sz~Perb\\,hile passing southward through the smept chaniiel in
pursuance of their normal occupations were fired on by Albanian
batteries fortunately without daniage.
S. His Majesty's Government at once protested strongly to
the Albanian Government against this deliberate and outrageous
breach of international law and maritime custom. They reguestcd
an immediate and public apology and an assurance that the
persons responsible would be punished. The Albanian reply,
dated zrst May, \<.ascompletely unsatisfactory. It alleged that
the Commander of the coastal batteries had signalled the ships
to move further off shore, that they were not flying their flags
and that they hoisted their flags when fire mas opened. Al1
of these allcgations proved on investigation to be nlthout foun-
dation. The Albanian reply assumed that foreign warships have
iio right to pass through an international strait part of which is NOTE TO THE ALBANIAN GOVERNMENT (9 XII 46) 12
included in territorial waters, and added that the ships would
not have been fired upon if they had been recognised as British
ships.
9. His Majesty's Government renewed their protest on
31st May, pointing out that the Albanian reply ignored the right
of innocent passage, recognised by International Law, to which
attention had been drawn in paragraph 6 above. Even if the
Albanian Government mistakenly supposed that they had the
right to prevent such passage, the procedure adopted for asserting
it \'as contrary to the practice accepted by al1 civilised nations
in cases where there are reasons for requiring vessels belonging
to another Power to halt. In this instance no warning was
given and fire was opened with twelve live rounds not fired across
the bows of His Majesty's Ships but aimed at the ships them-
selves and falling astern of them. His Majesty's Governnient
repeated their request for the punishment of the officerconcerned, .
for an apology from the Albanian Government, and for an assur-
ance that there would be no further interference in the right
of passage through the Corfu Channel.
IO. In their reply, dated the zrst June, the Albanian Govern-
ment said that they had no intention of interfering with navigation
on the open sea or in the Corfu Straits, provided shipping did
not enter Albanian waters without permission or show aggressive ,
intent. They reasserted the allegations made in the previous
Albanian note and stated that it was not the intention to attack
or damage British ships.
II. 011 2nd August, His Majesty's Government informed the
Albanian Government that they had taken note of this reply,
that they could recognise no right on the part of a territorial
Power to demand the fdfilment of conditions before entry was
permitted into a recognised international channel, that they
could not agree to give prior notification of passage through the
Channel, and that if in future British ships were fired on in the
Channel, fire would be returned.
12. On zznd October, while a detachment of His Majesty's
Ships was procceding through the North Corfu Channel, which,
as stated in paragraph 2 above, had been swept in October 1944,
two destroyers, H.M.S. Sazrmarez and H.M.S. Volage, stmck
mines whicli had been laid in the fairway. The explosions caused
serious damage to the two ships and a heavy loss of life. On
this occasion the Albanian batteries did iiot open fire, but a
vesse1 of the Albanian Xavy appeared flying the Albanian ensign
and also a white flag. NOTE TO THE ALBASIAN GOVERNMENT (9 XII 46) 13
13. On 27th October, His Najesty's Government informed the
Albanian Goverinnent that in view of the serious accidents to
His Majesty's Ships the Channel wonld shortly be swept. On
30th October the Albanian Government protested to the Secrctary-
General of the United Nations Organisation against whnt thcy
termed "the violation of tcrritorial waters" and "provocative
incursions" by British warships. It was also alleged without
any justification in fact that British aircraft had flowii over
Albanian territory. Meanwhile, His blajesty's Governmcnt in
reply ta their intimation that minesmeeping would shortly take
place, received a note from the Albanian Government on
1st Xovember, protesting against the entry of British warships
into -4lbanian territorial waters on zznd October, and stating
that there Kas no objection ta minesweeping provided territorial
waters were not entered either inside or outside the Strait.
Since the part of the Channel concerned lies wholly in territorial
waters this statement could only be construed as meaning that
the Albanian Government refused to agree that the Channel
should be rendered safe for navigation. The note also stated
that the Albanian Government could take no responsibility for
the consequences if thc minesweeping took place, and would
regard it as a violation of their sovereignty.
14. The Albanian Government were thus attempting ta
obstruct the clearance of this serious menace to international
navigation. His Alajesty's Government, therefore, rcplied on
10th Xovember, that the sweeping of the Corfu Chaiinel would
take place on 12th. They informed the Albanian Government
that the sweeping of the Channel had beeil unanimously recom-
mended by the Central Mine Clearance Board on 1st November ;
they defiued the exact area to be swept; they declnrcd that
none of His Majesty's Ships mould be stationed in Albanian
territorial waters; and they stated that the operation would be
càrried out in the same way as the original swceping in 1944
and 1945 to which the Albanian Government had raiscd no
objection.
Ij. On receipt of this reply and on the eve of the swceping
operation, the Albanian Government addressed a further note
to His Majesty's Government, stating that while the Albanian
Government did not in principle object to the Royal Navy
undertaking the s~veepingof the Channel, they proposcd a mixed
commission should be set up to determine the area involved.
The swept Channel Iiad, in fact, esisted for two years, andall the
information published about it was in possession of the Albanian
Government. Thus it can only be inferred that their motive
in putting forward this last-minute proposal was to dclay the NOTE TO THE ALBANIAN WVERNMENT (gXII 46) 14
operation cifsweeping the' mines which, as subsequent investi-
gations leave no doubt, the Albanian Government well knew t~
have been laid in the fairway.
16. The Albanian Government simultaneously addressed a
second complaint to the Secretary-General of thc United Nations,
protesting in strong terms against the action of His Rfajesty's
Government in presenting them with a tait accom+li. Thcy
denied knowledge of the existence of the Central Mine Clearance
Board, in spite of the fact that a request that Albania should
be represented on it had already been put forward by the Yugoslav
Government, doubtless with the knomledge of the Albanian
Government. Finally, they again declared that the extent of
the Channel could only be detcrmined by a mixed commission
set up by the, United Nations and including Albania.
17. On 12th and 13th November the swccping operation was
cirried out. Twenty-two mines were cut, two of which were
taken to Malta for expert examination. This has shown that
the mines were of German manufacture, that they were free from
marine growth and that they still had grease on their mooring
cables. These facts leave no doubt whatever that the mines %
were laid only a very short time before the datc on which His
hfajesty's Ships Saunznrez and Volage suffered damage and
casualties. The condition of the mines has been verified by an
independent observer who \\.as present during the sweeping
operation. Fragments recovered from H.M.S. Volage also con-
firm the origin of the mines which exploded on zznd October,
and bear out the conclusions reached above.
'18. Ever since the attack on H.ALS. Orioft and Sz@erb, the
Albanian authorities have maintained a close \vatch on al1 ships
making use of the North Corfu Channel. Thus in June of this
year merchant ships passing through the Channel were fired on,
and during the passage of His hfajesty's Ships on zznd October,
the coastal batteries were secn to be manned. It is certain that
no minefield could have been laid in the Channel within a few
hundred yards of the Albanian batteries without the connivance
or at least the knowledge of the Albanian authorities.
19. His hfajesty's Government must accordingly' conclude
that the Albanian Government either laid thc minefield in question
or'knew that it had been laid. The Albaniaii Government has
thus committed a flagrant breach of International Law. Under
.krticles 3 and 4 of the 8th Hague Convention of 1907 aiiy
Government laying mines in war-time, and a lortiori in peace,
is bound to notify the danger zones to the Governments of al1
countries. (This obligation in fact applies even if the zones in NOTE TO THE ALBANIAN GOVERNMENT (9 XII 46) 15
question are not normally used by shipping.) Not only have
the Albanian Government never made any public notification of
this minefield but they have also made no comment on the
continued issue of the relevant 'Medri charts and pamphlets.
They thus endorsed a clear statement by the recognised inter-
national aiithorityconcerned to the shipping of the 'world that
the Channel was safe for navigation.' As a result two of His
Majesty's Ships have been seriously damaged and forty-four
innocent. lives have been lost. Moreover this conduct on the
part of the Albanian Government menaced with destruction
shipping of any kind using a Channel which is a normal and
recognised.route for international navigation.
20. His Majesty's Government demand that an apology be
made to them in respect of the unprovoked attacks upon the
Royal Navy, which took place on 15th May and zznd October,
and that they receive assurance that there shall be no repetition
of this unlawful action. They further demand that reparation
be paid for the damage suffered by His hlajesty's Ships on
~2nd October and that full compensation be paid to the relatives
of the forty-four officers and seamen of the Royal Navy who
lost their lives in consequence of action on the part of the
Albanian Government which was an undoubted breach of Inter-
national Law, constituted a menace to international shipping,
to the safety of which the most callous indifference was shown,
and must, in view of their knowledge that His Majesty's Ships
habitually used the Channel and claimed the right to do so under
International Law be regarded as a deliberately hostile act against
His Majesty's Government.
21. As this matter is of such importance from the point of
view of safety of life at sea and of the issues involved, His Majesty's
Government must ask for an immediate reply. If no satisfactory
reply is received within fourteen days of the delivery of this
note His hIajesty's Government will have no alternative but to
bring the matter before the Security Council of the United Nations
as a serious threat to, and a breach of, international peace and
security, showing criminal disregard of the safety of innocent
seamen of any nationality lawfully using an international highiiray. RESOLUTIOX OF SECURITY COUXCIL (9 IV 47) 16
Annex 2.
RESOLUTIOX OF THE SECURITY COUXCIL OF THE
UNITED NATIOXS ADOPTED ON APRIL gth, 1947.
The follo\ving is test of Resolution passed by the Security
Council on 9th April :-
"The Security Council haring considered statements of
represeiitatives of the United Kingdom and Albania con-
cerninga dispute betmeen the United Kingdom and Albania
arising out of an incident on ~2nd October, 1946, in the
Strait of Corfu in which two British ships mere damaged by
mines with resulting loss of life and injury to their crews
recommends that the United Kingdom and Albanian Govern-
ments should immediately refer the dispute to the Inter-
national Court of Justice in accordance \\rith the provisions
of the Statute of the Court."
An~zex 3.
CABLE FROX THE ACTING SECRETARY-GENERAL
TO THE PRESIDENT OF THE COUNCIL OF MINISTERS
OF THE PEOPLE'S REPUBLIC OF ALBANIA
DATED 20th JANUARY, 1947, -4ND REPLY
DATED 24th JANUARY, 1947.
[Origin taltin French.] 20th January, 1947.
Colonel-General Enver Hoxha,
President of the Council of blinisters
of the People's Republic of Albania,
Tirana, Albania.
(AI 5453.)
With reference to my cable of ~jth January, 1 have the honour
to inform you that the letter from the United Kingdom repre-
sentative to the Security Council concerning the incidents in
the Corfu Channel was placed on the agenda of the Security
Council meeting ~vhich took place to-day. In accordance with
Article 32 of the Charter, the Security Council decided to invite
the Albanian Government to participate, without a vote, in the
proceedings with regard to this dispute, on condition that Albania
accepts, in the present case, al1 the obligations lvhich a >lember
of the United Xations would have to assume in a similar casc. TELEGRAMS OF 20 AND 24 1 47 I7
1 should be obliged if you mould kindly inform me as sooii as
possible whether the Albanian Governrnent accepts this invitation,
and if so, if you would advise me of the name of the delegate
which it appoints to represent it and the date on which he will
arrive in Xew York. The Security Council wishes to be in a
position to study this matter as soon as possible. Please
acknolvledge receipt of this cable.
(Signed) DAVIDOlrE?;,
Acting Secretary-General.
(s/25s.) 24th January, 1947.
Trygve Lie,
Acknowledging receipt of your cable RI5453dated 20th January
by which you inform.me that the Security Council has placed
on its agenda the United Iiingdom complaint against Albania
with regard to the Corfu Channel incidents, 1 have the honour
to inform you that Albanian Government accepts the Security
Council's decision. Its representative to the Security Council for
that question will be Rlr. Hysni Icapo. He and his suite will
leave soon, but because of very dificult communications impossible
to fix date of his arrival in New York. Please postpoiie proceed-
iiigs until his arrival.
(Signed) Colonel-General ENVERHOXHA,
Presideiit of the Council and B'iinister
of Foreigii Affairs for Albania.
Application instituting proceedings