The Lotus Case (1927) PDF

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Day 3-The Lotus Case (1927)  August 2, 1926SS Lotus (French ship) collided with Boz-Kourt (Turkish ship) o 8 Turkish nationals died when ship sank o Lotus crew recused 10 ppl in water and continued to Constantinople  DeMones (French officer of the watch) asked Turkish officials if he could come a...

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Day 3-The Lotus Case (1927) August 2, 1926SS Lotus (French ship) collided with Boz-Kourt (Turkish ship) o 8 Turkish nationals died when ship sank o Lotus crew recused 10 ppl in water and continued to Constantinople DeMones (French officer of the watch) asked Turkish officials if he could come ashore and give testimony o When he did, they arrested him, and charged him with manslaughter DeMones claimed Turkey didn’t have jurisdiction to try him  released on bail  tried and sentences to 80 days in prison and 22 pound fine o France requested case be transferred to French Court but Turkey refused Both nations agreed to submit the dispute to permanent court of International Justice Legal Issue: whether Turkey violated IL when it prosecuted an officer of the watch on a French ship (the Lotus) after it collided with a Turkish ship o Courtmentions 2 treaties  Treaty of Lousan?  requires that jurisdiction be determined by IL  Agreement b/w France-Turkey  signed in order to agree that it could be decided by court of justice  Two choices: jurisdiction in Turkey or in France Arguments: o France argues that Turkey has to have a rule of IL that gives it permission to try DeMones in its criminal courts o Turkey argues that it has the power to try DeMones unless there is a rule of IL that prohibit them from doing so Ruling: Court holds that Turkey is correct o Points out: rules of law binding upon states emanate from their own free will as expressed in conventions or by usages generally accepted as expressing principles of IL France argues that for a state to exercise extraterritorial jurisdiction, that state has to cite a rule of IL giving it permission to do so o Extraterritorial jurisdiction: the power of a state to try someone for committing a crime that occurred outside that states borders o Court accepts this to a degree, holds that once DeMones is in Turkey, Turkey has the power to try him for events that occurred on high seas  where does turkey get this power? Gets it because it is a sovereign state France cites: o there is a customary rule of IL that prohibits prosecution when the only basis of jurisdiction is the fact that the victims are from the prosecuting state  rejected by court  Court states that many states use the ‘effects principle’ o The crime allegedly took place on a ship with a French flag  means that crime took place in France and only they can prosecute  Court rejects  Agrees that what happened on ship is same as on French land but the effects principle still stands effect of that crime was Turkish, DeMones was in Turkey, so they have power

Notes:  Decision is a positivist decision interpretation of IL that prioritizes state sovereignty over anything else o Court endorses Turkey’s sovereign right...