The case of S.S.

Lotus
(France vs. Turkey)
1927 P.C.I.J. (ser.A) No. 9

Facts:
On August 2nd, 1926 there was a collision between French steamer S.S. Lotus, who was going to
Constantinople, and Turkish collier Boz-Kourt, where the Boz-Kourt was cut in two and sank. The crew of
Lotus tried to save the people on the Turkish vessel, and did save 10 including its captain Hassan Bey,
but 8 Turkish nationals who were on board died. When they arrived in Constantinople the officer on
watch onboard the Lotus Lt. Demons and Capt Hassan Bey of Boz-Kourt were taken by Turkish police for
examination, and then arrested without previous notice being given to the French Consul-General for a
criminal prosecution of manslaughter. Demons was then sentenced to 80days imprisonment, and a fine
of 22 pounds
The French government protested, and went to Permanent Court of International Justice and argued
that Turkey did not have jurisdiction to try the French officers demanding the release of Demons or the
transfer of his case to the French Courts, because they were on a French boat in international waters at
the time of the accident. Turkey argued that since their nationals were killed, they had jurisdiction to try
those responsible for the deaths. France replied that as a matter of customary international law, the flag
of the vessel in this case France has exclusive jurisdiction.

Issue:
Whether or not Turkey violate international law when Turkish courts exercised jurisdiction over
a crime committed by a French national, outside Turkey

Ruling:
The court said that Turkey, by instituting criminal proceedings against Demons, did not violate
international law. Turkey did have the right to try the French sailors.
The first principle of the Lotus case said that jurisdiction is territorial: A State cannot
exercise its jurisdiction outside its territory unless it an international treaty or customary law permits
it to do so. The second principle of the Lotus case: Within its territory, a State may exercise its
jurisdiction, on any matter, even if there is no specific rule of international law permitting it to do so. In
these instances, States have a wide measure of discretion, which is only limited by the prohibitive rules
of international law.
Since the two ships were involved in the same accident, that both countries had concurrent
jurisdiction over the accident. A ship in the high seas is assimilated to the territory of the flag State. This
State may exercise its jurisdiction over the ship, in the same way as it exercises its jurisdiction over its
land, to the exclusion of all other States. In this case, the Court equated the Turkish vessel to Turkish
territory. Consequently the offence produced its effects on the Turkish vessel and consequently in a
place assimilated to Turkish territory in which the application of Turkish criminal law cannot be
challenged, even in regard to offences committed there by foreigners. Turkey had jurisdiction over this
case