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I. C. J.'S Verdict Concerning the Corfu Channel Incident

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I. C. J.'S Verdict Concerning the Corfu Channel Incident International Journal of Management and Humanities (IJMH) ISSN: 2394-0913, Volume-1 Issue-10, August 2015 I. C. J.’s Verdict Concerning the Corfu Channel Incident Orion Garo Abstract — this article is an in-depth exposé of the first “In an exchange of notes Great Britain took the position that international legal dispute handled in 1948 by the International warships could pass through the channel without Albania’s Court of Justice, between Great Britain and Albania. The author advance (or consent), (Walbel, 2009) the Albanian authorities attempts to supply the reader with ample insight about the circumstances in which the maritime conflict between Albania disregarded Great Britain’s position claiming that the Corfu and Great Britain took place, the geographic location, the Channel was ruled by the laws of armed conflict since Greece relevance of the historic and geostrategic contexts and the other had in place a state of war against Albania (which remained parties involved in it. The inquiry provides comprehensive such up to the 1980s). Considering that Great Britain was an referential evidence from British and Albanian sources alike, so ally of Greece and Greece had the enemy status, Great Britain as to avoid a possible slide into subjective assessment. The body of the article is written to stay as truthful as possible to the sequence obviously could not be considered a neutral State by Albania. of events which ultimately concluded with ICJ’s decision in favor Both parties, however, did not see it reasonable to settle this of Great Britain. The author maintains that, for a variety of issue through a mere exchange of diplomatic notes. They had reasons listed at the end of the article – political, historic, other plans in mind... The British stated that they did not post-conflict and otherwise – the verdict resulted unfair to the recognize any right on the part of territorial power of Albania, small country of Albania, and brought about substantial and could not therefore agree to give prior notification of economic hardship as a result of a significant quantity of Albanian Government treasury gold confiscated by the British passage through the channel. They warned that if British ships form the German at the end of the Second World War. would be fired upon in the future, fire would be returned. Index Terms — Corfu, dispute, Albania, Britain. (Maher, 2009). On October 22nd of the same year a squadron of 4 British warships (composed by destroyers Samuarez and I. INTRODUCTION Volage, and cruisers Mauritius and Leander) left the port of Corfu and proceeded north-ward, through the channel (which Quite often it is argued among historians and experts of the had previously swept for mines) in the North Corfu Strait. field of international relations on the first event that marked Samuarez and Volage diverted their route and approached the beginning of the Cold War. Several events may ‘fit the considerably the bay of Saranda (the southern coastal city of bill.’ However there are not many to agree that the first spark Albania). Suddenly Samuarez struck a mine and incurred of conflict, which for the first time since the end of the 2nd serious damage. Volage was right away instructed to give her World War aligned in an international judicial case the assistance towing her out of the Albanian territorial waters, Communist Bloc versus the Capitalist West, was the 1946 toward the Greek island. In the process Volage struck another Corfu Channel Incident. This was also the first case filed with mine and was also badly damaged, but managed to complete the International Court of Justice. On May 15th 1946, less the towing of the damaged ship to Corfu. 44 sea- men died on than 1 year from the end of the 2nd World War, two British the spot as the mines struck; 42 others were wounded. An warship cruisers – HMS Orion and HMS Superb – came Albanian vessel, while raising a white flag, approached the under fire from Albanian fortifications as they were crossing damaged warships for help, but help was refused by the the Corfu Channel following a previous inspection and the British. (Milo & Meçollari, 2009). This incident infuriated cleaning of the strait from German mines. No damage or tremendously the British authorities, and on January 13th, casualties were inflicted. (Paul & Spirit, 2008) This offensive 1947 they deposited a dispute with the United Nations action of the Albanians angered the British considerably. Security Council under Article 35 of the U.N. Charter. “The They had just won the war and supposedly ruled the seas. Great Britain Ambassador to the UN, Sir Alexander Cadogan, They could not ignore this episode and wanted to be sure that presented the UK case against Albania to the Security Albanians understood that the strait between Corfu and Council. According to Cadogan, the detailed direct evidence Albania could and should be used freely by ships taking their which he laid out showed that the mine field had been lawful and peaceful journeys. The British demanded an deliberately, recently and secretly laid contrary to Articles 2-5 immediate and public apology from the Albanian of the Hague Convention No. 8 of 1907 which forbade the Government. The Albanians refused to apologize claiming laying of un- notified minefields, and that, in any event, what that they had the right to strike since the British cruisers had had occurred was a crime against humanity. […] On March trespassed the Albanian territorial waters without prior 25th, 1947, after three months of elaborate investigation and notification. extensive debate, the Soviet Union vetoed the proposed Security Council resolution condemning Albania.” (Maher, 2005) Even so, Australia’s position in the S.C. at the time played an influential role in regard to the British-Albanian Revised Version Manuscript Received on July 15, 2015. dispute, as Herbert V. Evatt – prominent lawyer and Foreign Orion Garo , Department of Instructor of Business and Economics, Minister of Australia – proposed that despite the Soviet veto a Aleksander Moisiu University, Durres, Albania. case of such concern, which amounted to a potential crime Published By: 1 Blue Eyes Intelligence Engineering & Sciences Publication Pvt. Ltd. I. C. J.’s Verdict Concerning the Corfu Channel Incident against humanity, could not be ignored and ought to be triumphal powers along with the United States and the Soviet submitted to the I.C.J. On April 9th, 1947, with 8 votes in Union. It was equipped with the second largest naval fleet, favor, 0 against, and the Soviet Union and Poland abstaining, after that of the United States, and it proudly ruled and the S.C. issued its 22nd resolution, the content of which is patrolled the seas in every corner of the globe. On the other quoted at length: hand, Albania, a small Southeast Balkans country, with a The Security Council, Having considered statements of population of barely 1 million, was also aligned on the side of representatives of the United Kingdom and of Albania the victorious countries of the Communist Bloc, after fighting concerning a dispute between the United Kingdom and a destructive 5-year liberation war against the Italian and Albania arising out of an incident on 22 October 1946 in the German occupiers. The partisan struggle of the Albanian Strait of Corfu in which two British warships were damaged Liberation Army was led by a 35-year old commander of by mines, with resulting loss of life and injury to their crews, Marxist-Leninist convictions, who would later rule Albania Recommends that the United Kingdom and Albanian with an iron fist for over 4 decades. His name was Enver Governments should immediately refer the dispute to the Hoxha. In 1941, Josip Broz Tito’s communist Yugoslavs International Court of Justice in accordance with the helped him tremendously in founding the Albanian provisions of the Statute of the Court. (U.N.S.C., 1947). Communist Party, which would thereafter lead till 1945 the Great Britain submitted the case to the I.C.J. unilaterally, and country’s liberation struggle. That is when the Albanian Albania filed a preliminary objection regarding the friendship with Tito’s Yugoslavs was cemented. Right after jurisdiction of the I.C.J., claiming that The Hague Court had the liberation Albania enjoyed excellent bilateral relations no authority in settling an international dispute, which with Yugoslavia, and till 1948 was heavily influenced by involved a non-U.N. Member State without its consent Tito’s foreign policy. Meanwhile, in the south of Albania, the (Albania was not a member of the U.N. at the time). Greeks (who were aligned with the Allies during the war) “However, Albania’s letter of protest emphasized that conducted a ruthless genocide and ethnic cleansing in the notwithstanding Great Britain’s unilateral application, it was, Albanian-populated region of Chameria in Northwestern as an exception prepared to appear in the Court to avoid in Greece. In June 1944, while the liberation struggle against the this manner creating a precedent for the future.” (Walbel, Germans had reached its peak in Albania, the Greeks (who 2009) Surprisingly for Albania, the I.C.J. regarded its letter of had freed their country from the Germans since May) protest as a voluntary acceptance of the Court’s jurisdiction, organized paramilitary gangs to expatriate all the Muslim and dismissed Albania’s preliminary objection. This decision Albanians of the Chameria region. By March of 1945, a few of the Court on March 25th, 1948 ultimately opened the months after Albania was liberated from the Germans, 3.200 dispute’s proceedings. Chams of Muslim faith (men, women and children) were barbarically murdered, and 25.000 others were forced to II. RESEARCH OBJECTIVE leave their homes and flee to Albania.
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