ALBANIA RESPONSIBLE

Chronicle (Levin), 11 April 1949, Page 5

ALBANIA RESPONSIBLE

(N.Z.P.A.-

-Reuter,.

Court Judgment In Corfu Channpl Djspute

Copyright)

Received Sunday, 7 P:n}. THE HAGUE, ' April 9. The International Court' of Justipg uphejd prit^ju claim to damages from Al|ania for ^he crippling of twp Bntisb destroyers "^y minesHn the Corfu ChannelYn Octo'ber 22, 1946, Forty-fqur British sailors were killed and 42 injured. The' Court by 11- 'vptes tP §( • ' Albani^ respop^ijile fpr t^e explpsipp ang fpj tfee dapi^gs fn^ lpss pf human iives resulting therefrom-' ' Thp Cqurt fiecided by 10 ypt.es to 6 that further consideratjop be given t. the apioupt pf cqmppnsatiop to bc granted Britaiu (Britain origipally -laiined £875,000). The' Court decided'by 14 votes to " tjiat Britaii} (lid pot vjolate Albanian sovereigpty qn 0,ctpber 22t 1946. It deplared unaniniously that Britaic vipjated Aljianian soyereignty on No-v-ember 12, 19-16, when she undertooj? a swe.ep of the straitis and ' ' that thi. leclaration in itself constitptes approtjriate satisfaction. " The declaratiori was ip accordanpe with a request made by Albanja. The judgment said tjie- laying of th( inin.eijel4 could npt have been accom plished without Albariig ?s lcnqwledgp Albania attempted nothing to preveni the disaster and the opiissjpn invplyed her international fesponsibility, Tht Court declared the Albapian claim to make the passage of ships "copditiQnal, 10 be in eorifliet with the principle that States in time of peace have the right to send warships 'through straits used for international navigation between two parts of the high seas, provided the passage was innoeent. The Court eon cluded that the passage was innoeent since it was designed to affirm a right which had been ilnjustly denied and

was not unreasonabie in view of the 1 firing from an Albanian battery on May 15, The Russian, Judge Sergei Krylov, thought Albanian connivance in the minelaying had not been proved. He also asserted that the Court had nc jurisdiction to assess the amount of compensation. Sir Erie Beckett,i legal adviser to the British Foreign Qffipe, who present/L'd the British case, said the Court 's judg. ment vyould add to the high repu.tatioii of the Conrt and eneourage the conn tries of the world po ppt conlidence in" i t. |Ie added that it wps a most im portant pr.ecedcnt that the Conrt hau given a large majority vote of 14 to 2 upholding th.e righfs of warships as well as merchnnt ships, to paas> through straits which eOji'riect two parts of "open sea a'ncl thgt the territorial State had no right to prevent thcir passage.