The Basic Deets
The year in which Corfu Channel was decided.
What is 1949?
The other country suspected of laying the mines.
What is Greece?
Which State had the burden of proof to establish that Albania was responsible for the mines?
What is the United Kingdom?
Where the ICJ is located and other places it can hold proceedings.
What is the Hague (Den Haag) and any other place pursuant to ICJ Rule 55.
The principle of non-intervention derives from this legal principle articulated in Article 2(4) of the UN Charter.
What is sovereignty?
The parties to Corfu Channel.
What are Albania and the United Kingdom?
The country the United Kingdom claimed laid the mines in collusion with Albania.
What is Yugoslavia?
The standard of proof the Court required when drawing from inferences of fact.
What is beyond a reasonable doubt?
The weight given to statements by heads of State.
What is a binding legal effect? (Pursuant to this Court in the Nuclear Tests case)
The obligation the ICJ found Albania breached related to the use of its territory.
What is the obligation not to allow knowingly a State’s territory to be used for acts contrary to the rights of other States?
The jurisdictional power of the Court which Albania objected to during the main proceedings.
What is the Court’s power to order Albania to pay compensation?
The basis on which the United Kingdom refused to comply with the Court’s request that it produce certain documents.
What is naval secrecy?
How the intent of a State is determined.
What is the general principle of law that a State’s intention at a later date can be regarded as good evidence in relation to that State’s intentions at an earlier date as well?
(Provided of course that there is no direct contrary evidence rebutting this presumption of intent.) (Separate Opinion of Judge Sir Gerald Fitzmaurice in the Temple of Preah Vihear case).
The ICJ determined that Albania was responsible for the failure to notify the mines with a "knowing" requirement. This is the component of international responsibility the "knowing" aspect falls under in the 2 part analysis.
What is attribution?
The remedy sought by Albania. (Hint: The general remedy from the DASR).
What is satisfaction?
The evidentiary benefit that a State gets if the other State it is claiming breached international law has exclusive control over the evidence to prove responsibility.
What is a more liberal recourse to inferences of fact and circumstantial evidence?
The part of the UN that enforces ICJ decisions, and an example when it happened.
What is the Security Council and the Genocide case?
(Although a few States have requested enforcement of a decision in a few cases, due to the veto power of permanent members, not all requests have resulted in enforcement, but some did. For example, in response to the provisional measures issued by this Court in the Genocide case, the Security Council did issue a resolution calling upon Yugoslavia to stop its support of the paramilitary troops committing genocide against the Bosnian population.)
The basis upon which the Court must assess its own jurisdiction. (HINT: Fancy Latin phrase!)
What is proprio motu?
The procedural way in which the Corfu Channel case was initiated.
What is an application by the United Kingdom?
The category of evidence the Court used to determine that Albania had or should have had knowledge of the mines being laid.
What is indirect evidence?
Five remedies the Court can order.
What are: 1) reparations, satisfaction, compensation, declaratory judgment, assurances of non-repetition, cessation, restitution, etc...?
A State is permitted to a more liberal recourse to inferences of fact if the other State fits this description. (HINT: Sounds like one of our attribution test.)
What is the State has exclusive control over the evidence?