Which of the following was held in the Corfu case?

Which of the following was held in the Corfu case?

In November 1946 the British Royal Navy swept for mines in the Corfu Channel in Albanian waters without Albanian consent. The Court held that Albania was responsible for the October 1946 explosion in Albanian waters, and for the damage and loss of human life that resulted.

Was Albania responsible according to Judgement in Corfu Channel case and why?

The Court found that Albania was responsible under international law for the explosions that had taken place in Albanian waters and for the damage and loss of life which had ensued.

In which case the doctrine of forum Prorogatum was adopted by ICJ?

6 Corfu Channel, Special agreement concluded on March 25, 1948, ICJ Reports 1948, 29. through the adoption of the 1978 Rules of procedure of the Court, which raised the ques- tion of its relevance in current proceedings of the Court (II).

Where is the Corfu Channel?

The Straits of Corfu or Corfu Channel is the narrow body of water along the coasts of Albania and Greece to the east, separating these two countries from the Greek island of Corfu on the west.

What happened in the Corfu Channel case?

In the Corfu Channel case, the Court articulated the principle that every state is obliged not to knowingly allow its territory to be used to commit acts against the rights of any other state. This meant, with respect to the Corfu Channel, that Albania was obliged to warn others that its territorial waters were mined.

Which party bears the burden of proof before the ICJ?

63 In that case, the Appellate Body stated: various international tribunals, including the International Court of Justice, have generally and consistently accepted and applied the rule that the party who asserts a fact, whether the claimant or the respondent, is responsible for providing proof thereof.

Why was the Corfu Channel case important?

In what circumstances recourse to circumstantial evidence is permitted?

The Court will permit liberal reliance on circumstantial evidence so long as two conditions are met: (1) the direct evidence is under the exclusive control of the opposing party; and (2) the circumstantial evidence does not contradict any available direct evidence or accepted facts.

What is Compromissory clause ICJ?

The usual form of compromissory clause provides that any dispute relating to the interpretation or application of the treaty in question may be referred to the Court unilaterally by any party to the treaty. 1.

Is Corfu part of Albania?

Protocol of Corfu

Signed 17 May 1914
Location Corfu, Greece
Signatories Principality of Albania Autonomous Republic of Northern Epirus

What happens if a party to a case disregards the decision of the International Court of Justice?

Answer. If a party to a case disregards the decision of the International Court of Justice then the other party may have recourse to the Security Council. The Council decides upon measures to be taken to give effect to the judgement.

Can an individual be tried in ICJ?

The International Court of Justice has no jurisdiction to try individuals accused of war crimes or crimes against humanity. As it is not a criminal court, it does not have a prosecutor able to initiate proceedings.

What are 3 types of circumstantial evidence?

Four examples of circumstantial evidence include physical evidence, human behavior, indirect witness testimony, and scientific evidence. A combination of these forms of evidence is often enough to convict someone, but they are still not as powerful as a direct witness of the crime.

Can an accused be convicted by circumstantial evidence only?

The settled rule is that a judgment of conviction based purely on circumstantial evidence can be upheld only if the following requisites concur: (1) there is more than one circumstance; (2) the facts from which the inferences are derived are proven; and (3) the combination of all the circumstances is such as to produce …

What are Compromissory clauses?

A clause in a treaty providing for the submission of a matter or matters to arbitration—to be distinguished from a general treaty of arbitration or a compromis d’arbitrage, which is From: compromissory clause in Encyclopaedic Dictionary of International Law »

What is someone from Corfu called?

One very important aspect of Corfu we didn’t mention so far: the residents of the island. The are called Greeks, but they call themself Corfiots. Despite the residents of Corfu are a bit different from the other Greeks, we will describe them in general.

Are ICJ decisions enforceable?

The ICJ’s rulings are final and without appeal, but it has no way of enforcing them.

What happens if a nation has allowed a case against it to be brought before the ICJ International Court of Justice and then refuses to accept a judgment against it?

What happens if a nation has allowed a case against it to be brought before the ICJ (International Court of Justice) and then refuses to accept a judgment against it? The plaintiff nation can seek recourse through the UN Security Council.

Why is Corfu Channel relevant to international law?

Corfu Channel was relevant at the seventh session of the International Law Commission (ILC), held in 1955. The ILC ultimately submitted a draft provision to the 1958 United Nations Conference on the Law of the Sea (UNCLOS I), providing that the right of innocent passage through international straits should not be suspended.

What is the Corfu Channel case?

The Corfu Channel case involves two states namely, The United Kingdom and the people Republic of Albania. “ The Straits of Corfu or Corfu Channel is the narrow body of water along the coasts of Albaniaand Greece to the east, separating these two countries from the Greek island of Corfu on the west.

What was the ICJ judgement in the Corfu Channel?

Original Corfu Channel (Compensation) judgment, including ICJ wax seal. The ICJ ordered Albania to pay the UK£843,947 in compensation. This is equivalent to £24.4 million in 2019.

How much did Albania pay in the Corfu Channel case?

Later in 1996, Albania paid the $2 million, and the judgment was considered settled. This is equivalent to $3.07 million in 2019. As the first case heard before the new ICJ, the Corfu Channel case has had a lasting impact on the jurisprudence of the court.