Introduction

• This is a landmark judgment also known as S S Lotus Case where the Permanent Court of International Justice laid down the law on collision of vessels in high seas.

Facts

• The present dispute is as a result of a collision between two vessels.
• French vessel (Lotus) collided with the Turkish vessel (Boz- Kourt) that killed 8 Turkish nationals who were on board the Turkish vessel.
• The French vessel (Lotus) took the 10 survivors of the Turkish vessel (Boz-Kourt) to Turkey.
• The officer in charge of Lotus (Demons) and the captain of Turkish ship (Boz-Kourt) were charged with manslaughter in Turkey.
• Demons was sentenced to 80 days imprisonment and a fine by the Courts in Turkey.
• The French Government demanded the release of Demons and the transfer of his case to French Courts.
• It was agreed between Turkey and France that this matter of jurisdiction should be referred to the Permanent Court of International Justice.

Issue Involved

• Whether Turkish Courts violated international law by exercising jurisdiction over a crime committed by a French national outside Turkey?
• Whether Turkey should pay compensation to France?

Observations

• The following two are said to be two principles of SS Lotus case:
  • The Court held that the State cannot exercise jurisdiction outside it’s territory unless international treaty or custom permits it to do so. This is said to be the first principle of SS Lotus case.
  • The second principle of SS Lotus case is that within it’s territory a State has jurisdiction in any matter even if there is no specific rule of international law permitting it to do so.
• The Court held that both Turkey and France had concurrent jurisdiction as France being a flag state did not enjoy exclusive jurisdiction in High Seas in respect of collision with a ship carrying the flag of another State.
• The Court in this case equated the Turkish vessel with the Turkish territory.
• The Court held that the offence produced effects on the Turkish vessel and hence Turkey had jurisdiction over this case.
• Thus, the International Court concluded that there is no law in the International Law under which a State whose ship is affected by a collision of ships cannot prosecute an offender.
• Therefore, Turkish Court was right in prosecuting Demons.
• Further, the Court also held that in such circumstances the compensation due and payable to Demons was also rejected by the Permanent Court of International Justice.

Conclusion

• This case laid down a principle concerning high seas collision and territorial issues.
• The High Seas Convention was signed in Geneva after this case which specifically pointed towards jurisdiction on collisions on the high seas under Article 11.