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The ''Corfu Channel'' case () was a public international law case heard before the International Court of Justice (ICJ) between 1947 and 1949, concerning state responsibility for damages at sea, as well as the doctrine of innocent passage. A contentious case, it was the first of any type heard by the ICJ after its establishment in 1945. Following a series of encounters from May to November 1946 in the Corfu Channel between the United Kingdom and the People's Republic of Albania—one of which resulted in damage to two Royal Navy ships and significant loss of life—the United Kingdom brought suit in the ICJ seeking reparations. After an initial ruling on jurisdiction in 1948, the ICJ issued separate merits and compensation judgments in 1949. The Court awarded the United Kingdom £843,947. This amount remained unpaid for decades, and British efforts to see it paid led to another ICJ case to resolve competing Albanian and Italian claims to more than two tons of Nazi gold. In 1996, Albania and the United Kingdom settled the judgment along with Albania's outstanding claim to the gold. ''Corfu Channel'' has had a lasting influence on the practice of international law, especially the law of the sea. The concept of innocent passage used by the Court was ultimately adopted in a number of important law of the sea conventions. The stance taken by the Court on use of force has been of importance in subsequent decisions, such as ''Nicaragua v. United States''. Additionally, the case served to set a number of procedural trends followed in subsequent ICJ proceedings. ==Corfu Channel incident== (詳細はGreek civil war, a series of three encounters took place in the Corfu Channel, between Albania and the United Kingdom. On 15 May, the cruisers ''Orion'' and ''Superb'' passed through the northern part of the Corfu Channel. Albanian shore batteries opened fire on the two ships, coming within of the squadron, but striking neither vessel. 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 2 August, the United Kingdom stated that Royal Navy ships would return any fire in the future. On 22 October, a Royal Navy flotilla composed of cruisers ''Mauritius'' and ''Leander'', and destroyers ''Saumarez'' and ''Volage'', 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., ''Saumarez'' struck a mine and was heavily damaged; thirty-six people aboard were killed. The ''Volage'' 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, and the ''Saumarez'' was damaged beyond repair. Shore batteries in the vicinity were observed by the ships, but neither side took any action. At one point, a boat flying an Albanian ensign and a white flag approached the ''Volage'' to ask what the ships were doing. On 12 and 13 November, the Royal Navy undertook a mine clearance operation in the Corfu Channel, ''Operation Retail'', which took place in Albanian territorial waters without advance permission from that country. Subsequently, the Albanian government formally complained to the United Nations, describing the operation as an incursion into Albanian territorial waters. On 9 December, the United Kingdom demanded reparations from Albania. Albania denied involvement in the laying of mines, blaming Greece. In January 1947, the United Kingdom attempted to involve the United Nations Security Council. The Soviet Union objected, but the Security Council heard the British complaint. A fact-finding committee consisting of Polish, Australian and Colombian representatives reached no conclusions despite ten meetings. A Soviet veto, supported by Poland, blocked a resolution that would have accused Albania of indirect responsibility for the minefield. The Security Council passed a resolution on 9 April 1947, with the Soviet Union and Poland abstaining, recommending that the United Kingdom and Albania resolve the dispute in the International Court of Justice. This recommendation was made pursuant to Article 36, paragraph 3 of the United Nations Charter. On 22 May, the United Kingdom brought suit against Albania. The ICJ, being permanently in session, was available to begin hearing the case immediately. Despite having a long backlog of matters for consideration, such as a request for an advisory opinion on Article 4 of the United Nations Charter, the Corfu Channel case was considered first. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Corfu Channel case」の詳細全文を読む スポンサード リンク
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