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Corfu Channel
Corfu Channel Case

United Kingdom Vs Albania 1946

Facts/ Background:

The Corfu Channel case was the first contentious case heard by the International Court of Justice. The Corfu Channel Case (United Kingdom of Great Britain and Northern Ireland-Albania) arose from series incidents that occurred on October 22nd, 1946, in the Corfu Strait:

First, the incidents started on 15 May 1946 when two Royal Navy ships, HMS Orion and HMS Superb, crossed the Corfu Channel following a prior inspection and clearing of the strait. While crossing they came under fire from fortifications situated on the Albanian coast. Although the ships suffered no material damage and no human casualties occurred, Britain issued a formal demand for "an immediate and public apology from the Albanian Government". Such apology was not forthcoming, however, and the Albanian Government claimed that the British ships had trespassed in Albanian territorial waters.

The second incident was on 22 October 1946, a Royal Navy flotilla composed of the cruisers HMS Mauritius and HMS Leander, and the destroyers HMS Saumarez and HMS Volage, was ordered northward through the Corfu Channel with the express orders to test the Albanian reaction to their right of innocent passage. The crews were instructed to respond if attacked. They were passing close to the Albanian coast in what they considered to be a mine-free zone with Mauritius leading and Saumarez following closely. Leander was about one and two thirds of a nautical mile or three kilometres away accompanied by Volage. Near the bay of Saranda, the destroyer Saumarez struck a mine and was heavily damaged. The destroyer Volage was ordered to tow the Saumarez south to Corfu harbour. While towing, Volage struck a mine also and sustained heavy damage. Forty-four men died and forty-two were injured in the incident. Since Albania had no appropriate vessels at that time, it was contemplated that the mines were probably laid by Yugoslavian minelayers

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