The Corfu Channel Case Bujar AHMEDI Shefik SHEHU

Resolution of international conflicts through the United Nations: The Corfu Channel
Case
Introduction
The Corfu Channel Case is one of the most important cases resolved by the ICJ since
its creation because it dealt with a lot of important issues such as freedom of the sea, the right
of passage through straits, sovereignty, intervention, self-help measures, the responsibility of
states, compensation. 3
Being a case of great importance, shown not only by the fact that the case was solved
by the ICJ but also an important case for international law itself handled by lawyers, political
scientists, many historians and other scholars.
The fact that since 1990 until 2010 this case was treated in about 60 articles that were
published in various journals with the Corfu Channel Incident as the main theme confirms
that this case was of a very special character.
Among Albanian authors who have addressed this issue either directly or indirectly
we can mention Arben Puto, Zejnulla Gruda, Ksenofon Krisafi, Paskal Milo, etc... 4 Besides
having aroused the curiosity of the Albanian authors to study this case, it was treated by
foreign authors as well. 5
The Corfu Channel Incident originates since May 15 th 1946, when two British
warships, ORION and SUPERB passed the north part of the Corfu Channel were fired on by
the Albanian battery. Arben Puto, in his book International Public Law, emphasizes that the
British ships sailed without a raised flag, and the firing of the Albanian coastal batteries was
to gain the attention of the warships to raise their flag and make their affiliation known. 6
According to the official Albanian position, the Albanian coastal battery fired as a sign of
warning around the ships. Only after that they raised the British flag and the Albanian coastal
artillery stopped shooting. 7 According to the official British position, the passage was
3 Gruda, Z (2002). E drejta ndërkombëtare publike. Universiteti I Prishtinës. Prishtinë. P. 445.
4 Arben Puto. E drejta ndërkombëtare publike; Zejnulla Gruda. E drejta ndërkombëtare publike; Ksenofon
Kristafi. Në kërkim të arit. Paskal Milo. Të Vërtetat e fshehura- Incidenti i Kanalit të Korfuzit.
5 Il Yang Chung. Legal Problems involved in the Corfu Channel Incident; Eric Leggett. The Corfu Incident.
6 Puto, A (2008). E drejta ndërkombëtare publike. Tiranë. P. 454
7 Information obtained from the Archives of the Ministry of Foreign Affairs. Efforts in establishing diplomatic
relations with England, Dossier No. 25, p.62, 1946 yr.