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FACTS:
In 1946 there was series of three encounters took place in the Corfu Channel,
between Albania and the United Kingdom.
On 15 May, two ships passed through the northern part of the Corfu Channel.
Albanian shore batteries opened fire on the two ships. The United Kingdom lodged a
formal protest, demanding an apology from Albania. Albania stated that the ships had
violated Albanian territorial waters, and asserted that passage through the Corfu
Channel required Albanian permission.
On 22 October, a Royal Navy flotilla entered the Corfu Channel. The ships
were at Action Stations, with orders to return fire if they were attacked. Their guns
were not loaded, and were in a neutral position—trained fore and aft, rather than
aimed at the shore At 2:53 p.m. one ship struck a mine and was heavily damaged
another took her in tow, only to strike another mine at 4:16 p.m.; eight people were
killed. A total of forty-four people died and forty-two others were injured.
The United Kingdom submitted its application to the ICJ on 22 May 1947. The
submission was made without any prior negotiation with Albania to reach a special
agreement.
ISSUE:
Does the ICJ have jurisdiction over the case?
RULING:
OPINION:
The submission of Albanian Government to the Court’s ICJ should have taken
as a special appearance questioning the jurisdiction of the court. Should this
submission of the Albanian Government would automatically mean submission to the
authority of the ICJ over the merits of the case, it would then be impossible to question
the court’s jurisdiction considering that it is only the ICJ which can pass judgment on
this issue.