Exam (elaborations)
January/February 2022 LCP4801 International Law Supplementary Exam
- Institution
- University Of South Africa (Unisa)
January/February 2022 LCP4801 International Law Portfolio in Word format.
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January/February 2022LCP4801
International Law
16 – 18 February 2022
Duration 48 Hours
Written by
Camecia Cass
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,QUESTION 1
On the 9th of July 2015, Humanitarian International, a leading international non-
governmental organisation, reported on the massive escalation of violence
perpetrated by the Rottania-based non-state group Namlyn. The report outlined
the extent of heinous attacks carried out by Namlyn and highlighted allegations
that at least three thousand civilians have lost their lives due to those attacks.
Shaknau, who is from Nirian not Rottania is the leader of Namlyn, and Ambadinia
designated Namlyn a terrorist organisation during November 2013.
In addition to the above-mentioned facts, assume the following facts for purposes
of this question: many of the victims of the recent violence perpetrated by Namlyn
are nationals of Campunia and not Rottania. Furthermore, on the morning of 10th
of August 2015, Namlyn members began firing mortars (explosive shells) across
the border of Rottania into Candian territory, killing many villagers on the Candian
side of the border. These attacks all occurred under the control of, and in the
presence of Shaknau.
Based on the facts above, discuss the following:
a) Define jurisdiction and also discuss the facts and judgment of the Lotus case.
(15)
Jurisdiction
Jurisdiction, is a state’s capacity to exercise its legislative, executive and
enforcement functions in a specific territory.
The Lotus Case (France vs Turkey).
Facts of the case
A collision occurred shortly before midnight on the 2nd of August 1926 between
the French (P) mail steamer Lotus and the Turkish (D) 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.
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, 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 (D) authority
to go ashore to give evidence. After Demons was examined, he was placed under
arrest without informing the French (P) Consul-General and Hassan Bey. Demons
were convicted by the Turkish (D) courts for negligence conduct in allowing the
accident to occur.
This basis was contended by Demons on the ground that the court lacked
jurisdiction over him. With this, both countries agreed to submit to the Permanent
Court of International Justice, the question of whether the exercise of Turkish (D)
criminal jurisdiction over Demons for an incident that occurred on the high seas
contravened international law.
Legal Question
Did Turkey violate international law when Turkish courts exercised jurisdiction over
a crime committed by a French national, outside Turkey? If yes, should Turkey pay
compensation to France?
Ratio Decidendi
The court held that France, as the flag State, did not enjoy exclusive territorial
jurisdiction in the high seas in respect of a collision with a vessel carrying the flag
of another State (paras 71 – 84).
Judgment
(Per curiam) No. 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, does not exist. Failing the existence of a permissive rule to
the contrary is the first and foremost restriction imposed by international law on a
state and it may not exercise its power in any form in the territory of another state.
Turkey, by instituting criminal proceedings against Demons, did not violate
international law.
Conclusion
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
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