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The Case of the S.S. Lotus (France v. Turkey) | P.C.I.J. (ser. A) No. 10 (1927)
The Permanent Court of International Justice, attached to the League of Nations, operated from 1920 until 1946, when it was replaced by the International Court of Justice. In The Case of the S.S. Lotus, the court considered how national and international laws might intersect in a trial involving a high-seas collision.
Just after midnight on August 2nd, 1926, the French mail steamer Lotus was sailing past the island of Lesbos when it crashed into the Turkish collier Boz-Kourt, cutting it in two. Though the crews of both ships tried to rescue the victims, eight of the eighteen Turkish nationals on board the Boz-Kourt drowned. The Lotus then proceeded to the Turkish city of Constantinople, also called Istanbul.
After investigating the incident, the Turkish police arrested the Lotus’s first officer, Lieutenant Demons, and charged him with manslaughter.
Demons argued that the Turkish courts had no jurisdiction over him, but the Istanbul criminal court overruled his objection. The court convicted both captains and sentenced them each to a short term of imprisonment. The French government immediately protested the arrest of Demons and demanded that the case be transferred to France. As a compromise, the Turkish and French governments agreed to transfer the case to the Permanent Court of International Justice in the Hague.
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