Monday, Apr. 18, 1949

Highest Court

In a gabled palace at The Hague, forgotten by most of the turbulent world, 15 men in black robes and white bibs quietly pursue the ideal of international justice. U.N.'s International Court of Justice, a direct successor to the League's World Court, is "the principal judicial organ of the United Nations." Last week, the distinguished judges rendered their first verdict since they mounted the international bench just three years ago.

The case involved Britain's $3,500,000 damage claim against Albania for two British destroyers which ran into a minefield in the Corfu Channel, off the Albanian coast (TIME, March 3, 1947). The trial, which dragged on for almost two years, was nothing to arouse a Chicago police-court reporter, but it had its moments. Britain's Attorney General Sir Hartley Shawcross told how the destroyers' explosion had killed 44 British sailors, and had injured 42 more. Albania, he said, was guilty of acts that "amount to murder." Although there was evidence that the actual mining had been done by the Yugoslavs, Shawcross argued that Albania was responsible for what happened in her territorial waters. His star witness was a former Yugoslav naval officer, Karel Kovacic, who had seen mine-laden Yugoslav ships leave the Sibenik naval base, he said, a few days before the British ships struck the mines.

The Albanians blandly denied any responsibility. Their defense counsel, French fellow-traveler Pierre Cot, declared that Kovacic was the "dupe of two beautiful women, spies of a foreign power." Cracked one court stenographer: "How can the International Court keep its dignity when a trial gets so interesting?"

For two months the judges deliberated. Last week they solemnly announced the verdict.

The court had found in favor of Britain, but postponed the assessment of damages. "If we get any cash," said a British official, "I shall be pleasantly surprised."

This week, the 15 justices were looking around for a new case.

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