Case Digest: Lotus Case France v. Turkey PCU (1927)

Public International Law | The Territoriality Principle

Facts: 

  • French mail steamer Lotus collides with the Turkish cutter Boz-Kourt on the high seas, resulting in the sinking of Boz-Kourt and the loss of eight Turkish sailors.
  • Turkish authorities arrest Lieutenant Demons (from Lotus) and Hassan Bey (captain of Boz-Kourt), charging them with manslaughter.
  • Both individuals are tried in Turkish courts, with Lieutenant Demons arguing against Turkish jurisdiction.
Issue:
  • Whether Turkey's prosecution of Lieutenant Demons violated international law by exercising jurisdiction over an incident involving two vessels of different flags on the high seas.
Ruling:
  • It is certainly true that — apart from special cases which are defined by international law — vessels on the high seas are subject to no authority except that of the State whose flag they fly. In virtue of the principle of the freedom of the seas, that is to say, the absence of any territorial sovereignty upon the high seas, no State may exercise any kind of jurisdiction over foreign vessels upon them.... 
  • The conclusion at which the Court has therefore arrived is that there is no rule of international law in regard to collision cases to the effect that criminal proceedings are exclusively within the jurisdiction of the State whose flag is flown.... 
  • The offense for which Lieutenant Demons appears to have been prosecuted was an act of negligence or imprudence — having its origin on board the Lotus, whilst its effects made themselves felt on board the Boz-Kourt. These two elements are, legally, entirely inseparable so much so that their separation renders the offense non-existent. Neither the exclusive jurisdiction of either State, nor the limitations of the jurisdiction of each to the occurrences which took place on the respective ships would appear calculated to satisfy the requirements of justice and effectively to protect the interests of the two States. It is only natural that each should be able to exercise jurisdiction and to do so in respect of the incident as a whole. It is therefore a case of concurrent jurisdiction...
Conclusion:
  • The Court determined that no rule of international law exclusively granted jurisdiction to the state of the vessel's flag in collision cases.
  • Given the inseparability of the offense, an act of negligence or imprudence, between the two vessels, both states had a legitimate claim for concurrent jurisdiction to protect their interests and deliver justice effectively.

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