Albania emerged from the Second World War with a communist government led by Enver Hoxha striving to free itself from the clutches of Yugoslavia whose leader Tito was intent on making its smaller neighbour part of the Yugoslav federation, a particularly tricky scenario as Albania, economically stricken after the war, was dependant on Yugoslav for urgently needed aid.
Into this already tense situation in the first half of 1946, a rift developed in UK/Albanian relations. First, in March-April London refused to exchange diplomats with Tirana, citing the latter’s unfriendly and “uncooperative attitude” towards British personnel🅰. In May two Royal Navy cruisers Orion and Superb were navigating through the Corfu Straits (a narrow passageway separating that Greek island from Albania) when fired at by an Albanian land gunnery. The British warships sustained no damage but matters escalating from there…two British destroyers entered the straits in October and hit hitherto undetected land mines, HMS Saumarez in particular was badly damaged and later written off. More importantly there were British crew casualties (44 dead and a similar number injured). The following month the Royal Navy undertook a sweeping operation of the straits and found 22 mines {’Albanian-American Relations in the Fall of 1946: A Stormy End’, (Edward J. Sheehy), Tirana Observatory, 9-Apr-2009, www.tiranaobservatory.com}.
The United Kingdom of Great Britain and Northern Ireland v. the People’s Republic of Albania
The UK’s response to the incident was to take Albania to the International Court of Justice in The Hague (the inaugural case brought before the new Court). The protracted case, not concluded until 1949, was a landmark case for the inter-country disputation, helping to lay the foundations for the development of what would eventually become the UN International Law of the Sea (ratified in 1982) {‘Summary of Relevant Aspects of the Corfu Channel Case (Merits)’, www.iilj.org}. The eventual judgements handed down were mixed, the Court found that Great Britain (GB) in entering Albania’s territorial waters did not violate its sovereignty (having a right of “innocent passage”), however it adjudged that GB’s mine-sweeping operation (codenamed “Operation Retail”) was a sovereign violation of Albanian waters, nor did it have permission from the international mining clearance organisations to conduct the operation. Lawyers for the British had argued that it took the action to secure evidence of the minefield’s existence, but the Court threw out GB’s argument of acting in self-protection or self-help {‘The Corfu Channel Case, The United Kingdom of Great Britain and Northern Ireland v. the People’s Republic of Albania‘, UN Environment Program, www.leap.unep.org}.
The British legal argument that the mines had been laid by Yugoslavia, acting on a request from Tirana, was denied by Hoxha’s government which blamed Greece for the mines – at the time Albania had involved itself in the civil war in Greece on the side of the Greek communists. The Court determined that collusion between Albania and Yugoslavia in mining the straits could not be proven (www.iilj.org). In a subsequent judgement The Hague ruled that Albania had failed in its responsibility to warn GB of the minefield danger, consequently Albania was ordered to pay GB damages of £843,947 for the material loses of the warships (equivalent to £24.4 million in 2019){‘Corfu Channel Case’, Wikipedia, http://en.m.wikipedia.org}. Hoxha rejected the verdict—though in 1950 the regime offered GB a token amount of £40,000 as payment for compensation—making no serious effort to meet its liability.
Monetary gold stolen from Rome
In 1946 the victorious allies (GB, US and France) established the “Tripartite Commission for the Restitution of Monetary Gold” to recover gold stolen by Nazi Germany and return it to the rightful owners. Included in the Nazi loot was 2,338 kg of gold seized in 1943 from the Bank of Rome by the Nazis, a treasure claimed by both Italy and Albania (and indirectly and partly by GB who identified in this a remedy for its still outstanding damages verdict). The Commission was unable to resolve the monetary gold issue so an independent arbiter appointed by The Hague determined that the gold belonged to Albania. Italy contested the matter—it’s claim resting largely on Italians having been the majority shareholders in the National Bank of Albania (which had been seized by fascist Italy)—taking the dispute to the ICJ, Italy v France, United Kingdom and Northern Ireland and United States of America (1954). The ICJ however held that it had no jurisdiction to adjudicate the case.
A post-Hoxha resolution
Albania refusal to accept the compensation judgement against it and GB’s blocking the transfer of the gold to Albania occurred as Albania entered a long phase of self-isolation🅱. The recovered Nazi gold sat in the vaults of the Bank of England for over four decades and the diplomatic impasse between London and Tirana was not broken until the eclipse of the communism in Albania. When democracy was established in 1991, diplomatic negotiations began and a deal was done, the new government in Albania agreed to pay GB’s compensation bill from the Corfu episode and in return the British agreed to release 1674 kg, providing the funds that economically weak post-communist Albania needed before it could pay GB the amount owing.
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Footnote: The Tripartite Gold Commission did not deliver the gold to Albania until 1996 (the lengthy process required the cooperation of the GB, US and French governments) and the amount ultimately paid by the Albanian government to GB in “full and final settlement” was US$2,000,000.
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🅰 in relation to war graves identification and limitations on movement with the country, a charge denied by Tirana
🅱 Albania severed its relationships not just with the UK and US (Sheehy), but even within the socialist Second World. Stalinist ideologue Hoxha broke off ties with both USSR (1961) and China (1978) for being too ‘revisionist’
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