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5. THE LOTUS CASE (FRANCE VS.

TURKEY)
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FACTS: A collision occurred shortly before midnight on the 2nd of August 1926 between the French mail
steamer Lotus and the Turkish collier Boz-Kourt. The French mail steamer was captained by a French
citizen by the name Demons while the Turkish collier Boz-Kourt was captained by Hassan Bey. The Turks
lost eight men after their ship cut into two and sank as a result of the collision.

Although the Lotus did all it could do within its power to help the ship wrecked persons, it continued on its
course to Constantinople, where it arrived on August 3. On the 5th of August, Lieutenant Demons was
asked by the Turkish authorities to go ashore to give evidence. After Demons was examined, he was placed
under arrested without informing the French Consul-General, then convicted by the Turkish courts for
negligence conduct in allowing the accident to occur.

This basis was contended by Demons on the ground of lack of jurisdiction over him which led to both
countries agreeing to submit to the matter to the Permanent Court of International Justice.

ISSUE: DOES A RULE OF INTERNATIONAL LAW WHICH PROHIBITS A STATE FROM


EXERCISING CRIMINAL JURISDICTION OVER A FOREIGN NATIONAL WHO COMMITS
ACTS OUTSIDE OF THE STATE’S NATIONAL JURISDICTION EXIST?

HELD: NO. In a unanimous decision, the Court ruled that the rule of international law, which prohibits a
state from exercising criminal jurisdiction over a foreign national who commits acts outside of the state’s
national jurisdiction, does not exist.

Hence, both states here may exercise concurrent jurisdiction over this matter because there is no rule of
international law in regards to collision cases to the effect that criminal proceedings are exclusively within
the jurisdiction of the state whose flag is flown.

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This does not imply that international law prohibits a state from exercising jurisdiction in its own territory,
in respect of any case that relates to acts that have taken place abroad which it cannot rely on some
permissive rule of international law. In this situation, it is impossible to hold that there is a rule of
international law that prohibits Turkey from prosecuting Demons because he was aboard a French ship.
This stems from the fact that the effects of the alleged offense occurred on a Turkish vessel.
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