The SS Lotus Case (France v Turkey)

Facts

• The SS Lotus, a French mail steamer, collided on the high seas with the SS Boz-Kourt, a Turkish vessel
• Eight Turkish nationals aboard the Boz-Kourt died
• When the Lotus arrived at Constantinople (Istanbul), Turkey arrested and prosecuted the French watch officer, Lieutenant Demons
• France protested, arguing Turkey had no jurisdiction over an act committed by a French national on a French vessel on the high seas
• The matter was referred to the PCIJ by special agreement

Issue

1. Whether Turkey violated international law by exercising criminal jurisdiction over a French national for an act committed on a French vessel on the high seas.

Held

• Turkey had not violated international law
• Restrictions upon the independence of states cannot be presumed
• In the absence of a prohibitive rule of international law, states may exercise jurisdiction
• The burden lies on the state claiming a restriction exists to prove the prohibiting rule
• France failed to identify any rule of international law that prohibited Turkey's exercise of jurisdiction

Ratio Decidendi

International law governs relations between independent states. Restrictions upon the independence of states cannot be presumed. The rules of law binding upon states emanate from their own free will. In the absence of a permissive or restrictive rule, states retain freedom to extend their jurisdiction. The onus is on the party alleging a restriction to prove the existence of a rule imposing that limitation.