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All Journal Jurnal IUS (Kajian Hukum dan Keadilan) Journal of Islamic and Social Studies (JISS)
Aftab Haider
Unknown Affiliation
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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The Corfu Channel Case and the Limits of Self-Defense Aftab Haider; Sunila Iqbal; Bushra Zeb
Journal of Islamic and Social Studies Vol. 2 No. 1 (2024): Journal of Islamic and Social Studies
Publisher : Fakultas Ushuluddin dan Dakwah IAIN Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/jiss.v2i1.1444

Abstract

The Corfu channel case which was a landmark case decided by the International Court of Justice in 1949. The case involved the setup of mines in the Corfu Channel by Albania in 1946, which claimed the lives of 44 British soldiers and destroyed several war vessels. The UK brought a case against Albania alleging that they violated international law by not informing soldiers about possible hazards as well as not clearing the minefields. Albania argued that it was at liberty to mine its territorial waters and therefore not liable for mining on the channel. However, ICJ found that Albania was not reasonable enough in protecting vessels in the Corfu Channel and did not conduct itself in accordance to international law. The mining proved Albania liable for damages. There are many lasting significances in the Corfu Channel case viz this case enunciated the principle that asserts states responsibility to protect foreign ships within their territorial waters, confirmed the right to pass through international straits, and accentuated broader aspect on recourse to armed force in self-defense. State responsibility was also observed in this case. In a notable departure from the actual events, the ICJ held Albania accountable for damages caused by the mines, emphasizing their failure to inform ships about potential dangers and their inability to prevent the mining of the channel. The Corfu Channel case remains a compelling study in international law with profound implications.
Legal Protection of Personal Data as Listed in Court Decision: A Discourse Renewal Tina Amelia; Nunung Rahmania; Aftab Haider
Jurnal IUS Kajian Hukum dan Keadilan Vol. 12 No. 3 (2024): Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v12i3.1560

Abstract

This study aims to examine and analyze the actualization of specific personal data protection, especially criminal records in the context of court decisions. In the digital era and advances in information technology, personal data protection is becoming an increasingly important and relevant issue. However, there is a need to better understand how specific personal data protection is realized and implemented in the context of court decisions. For example, the court decision related to divorce. In the case of a divorce that befell an artist, the court decision was published on the court's official website. The impact is that the public knows the cause of the divorce. This is a form of no protection of personal data, under the pretext of openness of court information. This study use a normative legal research method with a statue approach and a conceptual approach. The data used consists of primary legal materials and court decisions related to personal data protection. In addition, this study also refers to legal literature and expert views related to personal data protection and court decisions. The results of the study indicate that the actualization of personal data protection, especially criminal records listed in court decisions, is an exception due to the principle of open trials and published trial results. There needs to be a reformulation of the concept of exceptions to personal data protection related to criminal records in the context of court decisions. This reformulation is emphasized to avoid abuse in the judicial process and maintain public trust in the judicial system. The reformulation was carried out to clarify the position of criminal records listed in Court Decisions as excluded objects and the rights of Personal Data Subjects regulated in the Personal Data Protection Law are also excluded for Court Decisions. The implications of this study are expected to provide a better understanding for related parties, including courts, governments, and the general public, regarding the importance of specific personal data protection in the context of the courts.
The Corfu Channel Case and the Limits of Self-Defense Aftab Haider; Sunila Iqbal; Bushra Zeb
Journal of Islamic and Social Studies Vol. 2 No. 1 (2024): Journal of Islamic and Social Studies
Publisher : Fakultas Ushuluddin dan Dakwah IAIN Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/jiss.v2i1.1444

Abstract

The Corfu channel case which was a landmark case decided by the International Court of Justice in 1949. The case involved the setup of mines in the Corfu Channel by Albania in 1946, which claimed the lives of 44 British soldiers and destroyed several war vessels. The UK brought a case against Albania alleging that they violated international law by not informing soldiers about possible hazards as well as not clearing the minefields. Albania argued that it was at liberty to mine its territorial waters and therefore not liable for mining on the channel. However, ICJ found that Albania was not reasonable enough in protecting vessels in the Corfu Channel and did not conduct itself in accordance to international law. The mining proved Albania liable for damages. There are many lasting significances in the Corfu Channel case viz this case enunciated the principle that asserts states responsibility to protect foreign ships within their territorial waters, confirmed the right to pass through international straits, and accentuated broader aspect on recourse to armed force in self-defense. State responsibility was also observed in this case. In a notable departure from the actual events, the ICJ held Albania accountable for damages caused by the mines, emphasizing their failure to inform ships about potential dangers and their inability to prevent the mining of the channel. The Corfu Channel case remains a compelling study in international law with profound implications.
Co-Authors Bushra Zeb Nunung Rahmania Sunila Iqbal Tina Amelia