Turkey proceeded to arrest the Lotus's captain, Mr. Demons; he was subsequently charged and condemned by the Turkish Courts for the damage and the deaths caused by the accident.

France protested against Turkish actions, claiming that, since the crime was committed in high seas, any charge against Mr. Demons belonged to the flag State jurisdiction, i.e. to the French judiciary.

France proffered case law, through which it attempted to show at least state practice in support of its position.

The Court, therefore, by a bare majority, rejected France's position, stating that there was no rule to that effect in international law.

[2] The principle has also been used in arguments against the reasons of the United States of America for opposing the existence of the International Criminal Court (ICC).