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)

3

COURINTERNATIONALEDE JUSTICE

MËMOIRESPLAIDOIRIETDOCUMENTS

AFFAIRE DU DETROIT
DE CORFOU

VOLUME II
Piècede proceduécri(suite)

INTERNATIONALCOUOFJUSTICE

PLEADINGS, ORAL ARGUMENTS,DOCUMENTS

THE CORFU

CHANNEL CASE
VOLUMEEX

Documenofthe wriproceedings(con$.)Tous droits réservés pla
Cour internationdeJustice.
Al1 right~eserveby the
InternationCourt of Justice.

NOde vente:
1 Salenvmber 32 1 AFFAIRE 13U DETROIT DE CORFOU

. ,

THE CORFU CHANNEL CASE M~~MUIRPLAIDOIRIESDOCUMENTS

AFFAIRE DU DÉTROIT

DE CORFOU INTERNATIONALCOURS' OF TUSTICE

PLEADINGS, ORAL ARGUMENTS, DOCUMENTS

THE CORFU

CHANNELCASE

JUDGMENTOFY.4RCI25thAPRI9th?!ND DEcE3lljtll, 1949

VOLUME II PREMIÈRE PARTIE (suite)

PIÈCES DE LA PROCÉDURE ÉCRITE

(suite)

PART 1(cont.)

DOCUMENTS OF THE WRITTEN

PROCEEDINGS (cont.) CORFUCHANNEL CASE

(Amount of compensation)

7.-OBSERVATLONS SUBMETTEDUNDER THE ORDER OF
THE COURT OF 9th APRIL, 1949, BY THE GOVERNMENT
OF THE UNITED KTNGDOM OF GREAT BRITAIN

AND NORSHERN IRELAND

'l'heOrdet of the Court of 9th April, 1949, fixed certain time-
limitsfor the submisçion by the Parties of observations regarding
the arnotrnt of compensation due from the People's Republic of
Albania, and by a further Order of 24th June, 1949,these time-
limits were extendcd to 1st July, in the case of the Albanian
Government, and to 1st August, in the case of the Governrnent
of the United Kingdom, mhich accordingly nciw submits the
following ohservationç.
2. The Goverilment of the United Kingdom observes that the
Court in its Judgrnent of 9th April, 1949 (ap. 26), declared that
it hüd "arrived at the conclusion that it has jurisdiction to assess
the amount of compensation" due from the Government of the

Pcople's Keyublic of Albania. Notwithstanding thiç decision that
Government, in its observations filed gn 1st July, 1949, does
not, inaccordancc with the Ordei of the Court, "submit observ-
ations on the amount deniandecl £rom it", but confines itseEf
to repeating that the comlpromis of 25th March, 1948, did not
providc that the Court çhould have the right to fix the amount
of csrnpensation. I
3. The clueçtion ~vhetlier or not the Court lzas jurisdiction to
assess compensation has been decided affirrnatively hg7the Court
and is now res jaadicata.Article 36 (6) of the Statute of the Court
provides :"In the cvent of a dispute as to whethes the Court
has jurisdictioil, the matter shall be settled by the clecisionof
the Court." Further, Article 60of the Statute provides that "the
judgment is final and {vithout appeal". The Governmei-it of thc
Peoplc's Republic of Albania is accordingly bound by the decisions
contained in the Judg~neilt of 9th April, 1949, including the

decision on the question whether or not the Court has jurisdiction
to assess the amount of compensation. It is not, therefore, within
its rigl-its now rüising this question. Moreover, as the Court
de-lüred in its 'Judgrnent of 26th March, 1948 (Co~jzt Channel
Case, Prejimzlzary Objectiovz,p.28), "the method of submitting
the casc to the Court is regulatcd by the texts governing the
working of theCourt as was poirited outby the Security Çouncilin its recomrnendation". The Albanian Government kas freyuently
stated that it fully accepted that recommendation (see, foc
instance, paragraph 4 of its letter of 2nd July, 1947)~ which
psovided that the Parties should refer the dispute to the .Court
"in accordance witlz the provisions of the Statute of the Court".

4. Having regard to the conîplete absence in the observations
of the Albanian Government of any attempt to defend its case
on the question of the amount of compensation, the Government
of the United Kingdom invokes Article 53 (1) of the Statute of
the Court, which provides as follows :-

"Whenever one of the parties does not appear before the
Court, or fails to defend its case, the other party may cal1
upon the Court to decide in favour of its claim."
The Governmcnt of the United Kingdom accordingly calls
upon the Court, without further proceedings, to decide in favour

of its clairn.
j. Article 53 (2)of the Statute, howevcr, pro\:icles as follows :-

- . . "The Court must, liefore doing 50, satisfy itself, not only
that it haç juridiction in accordance with Articles 36 and
37, but also that the claim is well founded in fact and law.'!
The Court has already decided that ilkas jurisdlctioil as required
by this provision and is in possession of a considerahle body of
evidence which was filed with the Rllemorialdated 30th September,

1947. This evidence iç cuntairied in Annexes 10, TI, 12, 13 and
14 of the Mernorial (the footnote at the erid of Annex 12 containç
a misprint: in that it refers to Anrzex 15 izlstead of Annex 13 ;
siinihrly the footnote to Annex rg wrongly refers to "Annex XI.1'"
~vhereas Annex 12 is rneant). The Government of. the United
ICingdom deçires to make certain modificatioils and alnendments
to these Annexes in the light of more recent information which
bas enal~led itto formulate its daim witli gr-eater preciçion. These
rriodifications ancl amendments are explained in the followil-ig
paragraphç of these observations, and the total of the claim
which, as forrnulated in paragraph 96 (11) of the Meinorial,
amountcd to £875,000, is now f5843,947.

6. Th,e Governmeiit of the United Kingdom contends thar the
reriçed ciaim, supported as it is by further evidence submitted
hercwith, in addition to that furnished witk its Memorial, is
well founded in fact and in law, as required by Article 53 (4,
and, therefore, in accordance with Article 53 (1). requests' the
Court to give judgment for this amount. If, however, the Court
should desire further information the Governrnent of the United
Kingdorn'is at its disuosal. It desires, fiirther, to invite the attention
of the Court to the fact that, in calculatiiig tlie various items
of compensation, it has coiifined its daim to actual espenditure392 BRITISH OBSERVATIONS (28 V1I 49j - COafPENSATION

incurred, or estimated to be payable (repairs to W.M.S. Volage,
and pensions and allowances), and to the cost or replacenient
value of material lost (H.M.S. Saacmarexand stores from both
ships). No claim is made, thaugh His Majeçtÿ's Gavernment
believe that it is strictly entitled to make it, in respect of sailors
who were killed but had no dependants. Further, the claim does
not include any çum in respect of the cost oftraining other sailors
to replace those killed, or for loss of çlothing and persona1 effects.
Nor is any claim made for the loss ot use ofH.M.S. Volage during
repairs, or for the loss of theuse of a destroycr dunng the period
which would necessarily elapse befcrre a new destroyer could be
put into commission to take the place of H.M.S. Saumarez. Thc
Government of the United Kingdorn therefore requests the Court
to take due note of the moderation shown by it in the amount
of compensation claimed.

7. The daim of the Govarument of the United ~in~dorn fallç
under two beads, namely (A) the cost of the pensions and awards
granted hy the Government of the United Kingdom in respect
of the personnel of the Royal Navy killed or injured in H.iV1.Ç.
and H.M.S. Slaztnzarezas a result of the explosions in
Volage
the Corfu Channel ; (B) material damage suffered by the Govern-
ment of the United Kingdom in respect of the two vessels
themselves.
8. Appendices 1 to Tl1 to these observations relate ta Head (A)
of the claim. Appendix 1 is a memorandum by the Ministry of
Pensions çetting out certain amendments to staternents in Annex 12

(B) of the United Kingdom Mernosial made necessary by changes
in the circumstances of the perçons çonçerned which have oççurred
since thase statements were drawn up. This Appendix also gives
further information about the original figures and explains, iiz
paragraph 6, the additions made to the total sum, which the
Govemment Actuary calculates the Government of the United
Kingdorn will have to pay, by way of pensions and ailowaiices,
to cover the following items, whiçh, tkough not included in the
Government Actuary's calculations, will, in fact, be a charge on
His Majesty's Government in this connexion :-
(a)Cost of administration of the pensions and awards.
(b)Cost of medical and surgical treatment in the case of disabled
seamen.

(c) AUowance to cover the probability of future increases of
individual pensions.
The Government Actuary's calculation remains unchanged, but
the amount now daimed in rcspect of these additions is l5,848,

wheres, in the note to Annex 12 (B) of the Mernorial-it was
estimated at L5,800. APPEWDICES TO BRITISH OESERV,A;LIONS (NO. 1)
391
allowarzce of fJ3,800for scrap, and an allowance of £eo,oao for
equipment £rom H.M.S. Saflmarez, which may still he usable.
The Goveqnment of the United Kingdom accordingly suhrnjtç
a revised ç-aim in respect of H.M.S. Sawmarex for E700,087.'

15. The Governrneiit ofthe United Kingdom under Article 53 (1)
of the Statute calls upon the Court to adjudge and declare that
the amount of compensation due £rom the Pcople'ç Republic
of Albania is as followç :-
1
;c
In respect of H.fi1.S.Sauwarex . . . . . .700,087
In respect of H.M.S. Volage . . . . . . . 93,812
In respect of deaths and injuries of naval personnel 50,048

Total , , . . . . . . . . . . . 8431947

Dated this 28th day of July, 1949.

(~igked)W. E. BECKETT,
Agent'of the Government of
the United Kingdom.

. 1

Afipekdix 1 ta No. 7.
.. .
MEM~RANDU~ s~ THE J~ZINISTR~ OF PENSIONS .

~:.Thc folIowing arnendrnentç should be made iii Annex r:! (R),
of thc Memonal.
1
Debattista,
Anthony-widnw Carmelo. I
Pension ceased 18th September, 1948.
-4wardcd gratuity Lj8 6s.Sd.
(Remarried 19th September, 1948).
l
Hales,
Gordon Henry-widow Patricia.
\iViduiv's pension and rent allowance ceased 10th Rfarch,
Awardecl gratuity Agi.
(Widow remarricd 11th Warch, 1~~~1:.
8 .
. Locfr,
Çmluel Frederick-widow Marguerite Jessie.
Widow's pension and rent allowances ceased 16th April, 1949.
Awarded gratuity 4s.
(Kcrnarried 17th April,, 1949): APPENDICES TO BRITISIT OBSERVATIONS (XO. 1)
395
Scholes,
Frank Blaiialieu-wiclow Winifred.
Pension ceased 12th December, 1947.
Gratuity £65.
(Remarried 13th December, 1947).

Broome,

Harry George-widow Gladys Mary.
Pension ceaçed 28th November, 1947.
Awarded gratuity £56 6s. 8d.
(Remarried 29th November, 1947).

2. The.reason for these amendrnents is that the uridow's persona1
pension ceases on remarriage, but she receives a gratuity .equal to
one year's pension. Any pension for a child continues after the mother's
remarriage. Pensions for the children, Micliael Gordon Hales, Robert
Rlichael Lock and John Kenneth Lock, therefore continue. Rent
allowance cannot be paid if no widow's pension is being paid, and
consequently. the rent allowance awarded to the widows of Hales
and Lock ceased when they remarried. In arriving at the capitalized
value of death pensions due regard was had to the probabilities of.
remarriage.

3. The' esplanation of the dates of cessation of certain payments
to widows and children shown in Annes 12 (B) is as follows :-
(a) 'While a sailor .is on service, his wife receives a certain portion
of liis pay and certain allowances from the Admiralty. When the
sailor dies on service these are continued for a period of about three
months from the date of his. death. Thereafter, the Service payments
to the widow cease and payment of pension begins. The dates in 1947
in the right-hand column of Annes 12 (B) are the dates when this
change took place.

(b) Allowances in respect of children normally cease when they
attain the age of 16, but rnay be continued beyond that age if the
child'is under full-tirne education, or is an apprentice earning only
nominal wages, or is an invalid (in the last-named case, an allowance
might continue for the whole of the child's life, if lie remains aninvalid
incapable of self-support): . .
(c) Rent allowances to the widow are continiied as long as a chilcl's
allowance is payable. . . . a .

4. The following amendmeilts are recluired in that part of Annes 12
(B) dealing witli other dependants :-

Beckett,
Lauriston Bernard-mother Louisa.
Pension ceased 23rd September, 1947.
(Tncome above need level.)

I;ratccis,
\Temon-motlier Lottie.

Pension increased to 20s. a week from 29th March, 1949.3g6 APPENDICES TO BRITISH OBSERVATIONS (NO. 1)
Ross,

W. P. J.-mother Mary Edith.
(Income above need level.)ey, 1947.

5. The esplanation of the changes recorded in the last paragraph
is that pensions to clependants other than wives and children are
based on need. In the cases of Beckett and Ross they ceased because
there is no longcr need, and the pension in the casc of Francis was
increased because her need increased.
6. The capitalized value of the pensions given by the Government
Actuary does not take into account the cost of administration, which
is approximately 5 per ccnt. of the value of pensions (£2,210). Further,
it does not take into account the cost of thc medical and surgical
treatment which experience shows to be necessary for pensioncrs
who have received injuries. The addition made to cover tliis is based
on Ministry of Pensions experience of the ratio of suc11cost to disable-
ment pension, namely, 8 per cent. Eight per cent. of the total of the
pensions for disablement is£1,360. A further 5 per cent. of the total
pensions liability (£2,278) is added to cover the probability of future
increases of individual pensions, together with allowances additional
to pension which are not taken into account by the Govcrnment
Actuary, e.g.,allowanccs for uncmployability, lowered standard of
occupation, constant attendancc, education of children, wear and
tear on clothing.
The following detailed statement includes the calculation of the
necessary addition of £5,848 to cover these contingencies :-

Capitalized value of death pensions . . .
Capitalized value of disablement pensions

Medical and Surgical Treatment-
= 8 per cent. on disablement pensions
= 8 per cent. of £17,000 . . . . .
Future increase of individual pensions and
allowances additional to pension-
= 5 per cent. of £44,200 + £1,360
= 5 per cent. of £45,560 . . . . .
Cost of administration-
= 5 per cent. of cost of pensions
= 5 per cent. of £44,200 . . . . .

Ministr ofyPensiom,
16th July, 1949. APPEXDECES TO BRITISH OBSERVATIONS (NOS.11-111) 397

Appendix II toNo. 7.
In the matter of the Corfu Channel case before tlie International
Court of Justice.
1, William Charles Letts, of 18,Great Smith Street, London,S.W. I,
the Accountant-General of His Majesty's Ministry of Pensions, make
oath and say as follows:-
The pensions and other grants (for wtiich clairns have been duly
made) have becn awarded to the personç and, where appropriate,

for the period~ setout in Annex 12 (B) of the Memorial of r3th Sep-
tember, 1947, aç amended by the MernorandurnL dated 16th July,
1949 ,nd made by His Majesty's Ministry of Pensions, being in every
case pensions and other grants awarded in accordance with the
provisions of the Order in Council, for the timc being in force, made
under section 3of the Naval and Marine Pay and Payments Act, ~565.
Witness rny hand this zznd day of July, 1949.
(Sigmed) W. C. LETTS.

Sworn the 2211d dao of July, 1943 , efore me at 17, Old Quecn
Street in the City of Westminster.
(Sigaed)FRANCIE S. CARPENTER,
A Cclrnrnissioner for Oaths.

In the matter of the Corfti Channel case before the International
Court of Justice.
1, George Donovan Stockman, ofChurchfelles, 1-Iodey, in tCounty
of Surrey, a Principal Actuary of the Department of the Government
Actuary, make oath and say as follows :-
It ispart of my duty to asçms the capitalized value of pensions
and other reçurrent awards made by Majesty's Government to
its emploÿees or their dependants.
1 was shewn the list of awards given in Annex 12 of the United
Kingdom Mernorial and 1 calculated that the capitnlized value of
thesc awards was L44,zoo aç at nznd October, 1946.
I have silice been shem the Memotandum ' by the Ministry of
Pensions dated 16th July, 1949,setting out certain amendments
which have been made in the pensions and awards payable. The
cventualities set forth in that rnernorandum were ailowed for in my
original calculation and no alteration is necessary in the figure of

L44,200.
Witness my hand this 25thdzy of July, 1949.
(Siped) G. D. STOCKATAN.

Sworn the 25th day oi uly,1949, at30&Old Queen Street, beforemc.
(Signed) CHAKI,E PSEIBERTON,
A Commissioner for Oaths.

l SeeAppendix 1.398 ,.APPENDICES TO BRITISH OBSERVATIONS (NOS. IV-V)

AgpemdixIV to No. 7.

' In the matter of'-th6 Corfu Channel case before tlze Interriational
Court of Justice.
1, I-Ierbert Leslie Webb, of "Çtoneleigh", Lansdown Koad, Bath,
Civil Assistant to the Director of Dockyards at the Admiraltv. make
oath and say as follows :- <
Anncx 14 to the United Kingdorn Meporial of 30th September,

1947, contained an estimate of £75,000 as tlic cost of.repairs to
H.M.Ç. Volage'made necessary by the damagc which she sufferecl in
.the Corfu Channel on nznd October, 1946.
The ship was in hand at Malta for refit and damage repairs from
1st Novemher, 1946,to ~rth August, rg47, and again from 20th August,
1947, until 16th Septenîber, 1947, for tilt tesland repairs after trials.
Tlze ship was in dock frorn 5th Novernber, 1946, untii 29th May, 1947.
From rccords in my possession T am now able to state that the
actual (as distinct from the estimated) coçt of rnaking good the damage
referred to in Annev TI of the United Kingdom Mernorial waç as
follows :--
r
Labour ................ 35462
Materials .'......'.. ro,roz
Contract supl-ilies ......... 6,210
Plant, etc., clia~ges ............ 14,056

. . 65,830
Materia! charges inc!ude the cost of anchors, cables, hawse pipes
alid stem castings. The sum of ,C6,21ofor contract supplies includes
tlze cost of a 4 7" gun rnounting (modified by the kssesçed value on
return to store of the darnaged mounting), the cast of the capstan
engine (in repairable condition) ex H.M.S. Saztma~cz and of a fresh
water pump sent from the United Kingdom. Plant, etc., charges cover
the cost of dock charges and rental, tug assistance, motor transport,
craneage and the use of Dockyard plant and ecluipment.
' (Sigacd) R. L. WEBB.
'
Sworn at Bath in the County of Somerset, this 23rd dny of July,
1949, before me,
(S~glled)G. A. ~~URNIWGHAR~,
A Comrnissioner for Oaths.

Afifie~zd*ixV to No., 7.

*In tlie matter 'of the Corfu Channel cas,e bcforc the International
Court of Jiistice.
1, Frank Severs, of "Seawinds", Beach Road, Shoreham-by-Sea,
Sussex, naw serving in tlic Rlaterial Finance &ranch of the Admiralty,
make oath and Say as follows :-
--
This teststhe skability ofthe vesscl. AYPENDTCES TO BRITISH OBSEHVATICINS (NO. YI) 399

From records in rny custody the assessed value of stores and equip-
ment lost in 1-I.hf.S. Volage and Saumarez on zznd October, 1946,
was as follows :-

Volage ;C
Navalstores. . . . . . . . G,ZZj
Anti-submarine equipment . . . 3,260
. Armament stores ............. 118,433
Medical stores ............. 50
Victualling stores ............ 14

27,982 ,

Naval stores ....... 9,000
Armament stores ......... 13,51G
Medical stores ...... * + " 260
Victualling stores ............ 824
Charts ................ 187
23,887

Sworii this zznd dao of July, 1949, before me,
(Sigtzed)JOHN NE~VTON,

A Cornmissioner for Oaths.

Apipeadix 'VI to No. 7.

In the mattcr of the Corfu Channel case before the International
Court of Justice.
I, Donald \Villiarn Srnithers, of 4, l'rinces Buildings, George St.,
Bath, now senring in the NavaJ Construction Department at the
ildmiralty, makc oath ancl say as follows:-
1 was Fleet Conçtriictor Offiçer on the staff ai the Commander-ln-
Chief, Mediterranean, in 1946.
1 drew up the report on the damage to His Majesty's Çkip Saumarez
which appears as Annex IO to the United Kingdom Mernorial, dated
goth Septemher, 1947.
(Sig~zed)D. W. SMITHEKS.

Sworn thls z~rd day of July, 1949, beforc me,
(Szgtaed)L. D. WARDLE,
A Cornmissioner for Oaths.