State Jurisdiction in Crimes Committed at Sea
I. Introduction
One of the most complex areas of international law is how states determine their jurisdiction over crimes committed at sea. Except in territorial waters where sovereignty is absolute, crimes committed on the high seas, in exclusive economic zones, or on foreign-flagged vessels are assessed according to multilateral conventions, the law of the sea, and customary law. This complex structure directly affects both the limits of states' criminal jurisdiction and the rights of individuals.
II. Fundamental Concepts and Legal Sources
Maritime space is divided into five main zones: territorial waters, contiguous zone, exclusive economic zone (EEZ), continental shelf , and high seas . States have varying levels of jurisdiction in each zone.
A. Main Legal Sources
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1982 United Nations Convention on the Law of the Sea (UNCLOS)
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Turkish Penal Code (TCK), Articles 8-13
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Turkish Flag Law
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International customary law
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Bilateral criminal justice assistance agreements
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🌊 III. Jurisdiction According to Maritime Areas
1. Territorial waters (Turkish Penal Code Article 8)
Every state has full sovereignty over its own territorial waters (UNCLOS, Article 2). All crimes committed within Turkey's territorial waters (12 nautical miles) are directly subject to Turkish jurisdiction . Turkey can prosecute even if the vessel is flying a foreign flag. This is within Turkey's sovereign territory.
The sovereignty of a coastal state extends to its territorial waters. This sovereignty over territorial waters also includes the airspace, seabed, underwater environment, and natural resources.
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Foreign-flagged vesselshave the right of "innocent passage" (Articles 17-19).
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However, if an offence that disrupts public order is committed during transit, the coastal state may intervene (Article 27).
🔹 Supreme Court of Appeals, 5th Criminal Chamber, Case No. E.2012/1935 K.2013/2633:
“Turkish courts have jurisdiction over the crime of intentional injury committed on a foreign-flagged vessel in our territorial waters.”
2. Contiguous Zone
This area extends 12 miles beyond the territorial waters and can reach up to 24 nautical miles . Turkey has the right to control customs, taxes, health, and security in this area. However, it does not have direct jurisdiction in terms of criminal proceedings ; it only has the right to prevent crime. The state may intervene , however, if the crime has an impact on its territorial waters
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✅ 1. The Risk of Crime or Violation Must Affect the Territorial Waters
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Even if a vessel has not yet entered territorial waters, if there is a movement towards those waters that constitutes a violation (for example, a vessel carrying stowaways).
✅ 2. Intervention Should Be Limited to Specific Issues
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Intervention is only possible for the four categories listed above .
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Criminal lawis generally not applicable except in cases of piracy or serious crimes.
✅ 3. The intervention must comply with the principle of proportionality
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The force used must be proportionate to the severity of the violation.
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Sinking the ship or a lethal intervention is a last resort.
✅ 4. Hot Pursuit Can Be Initiated (UNCLOS Article 111)
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If a vessel commits an offence in territorial waters and flees into the adjacent area, to hot pursuit arises.
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However, follow up:
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uninterrupted .
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It must be initiated in a visible way,
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started in territorial waters .
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3. Exclusive Economic Zone (EEZ)
It extends up to 200 nautical miles from the coast. Here, economic rights, not sovereignty, are at stake (such as fishing, oil and gas exploration). Crimes committed within the EEZ are generally prosecuted by the flag state. In some cases, such as environmental damage and drug trafficking, the coastal state may be granted the right to intervene (UNCLOS Articles 56 and 73).
4. High Seas
These are international waters. The high seas are not under the sovereignty of any single state. " Each state has criminal jurisdiction only over ships flying its own flag. " Crimes committed here are subject to the jurisdiction of the flag state . However, erga omnes crimes such as piracy and slave trade can be prosecuted by all states (UNCLOS Articles 100-107).
However, there are exceptions:
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Piracy (UNCLOS Articles 100-107)
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Unauthorized broadcasting
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Slave trade
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Drug trafficking
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Stateless ships
Universal jurisdiction applies to these crimes . Every state can stop and prosecute the offending vessel.
5. Ports and Inland Waters
The state full jurisdiction . Crimes committed in port are heard in the courts of the relevant state, regardless of the ship's flag.
🚢 IV. Jurisdiction According to the Ship's Flag
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a ship is flying the Turkish flag , it is considered Turkish territory regardless of its location.
→ According to Article 8 of the Turkish Penal Code, Turkish courts have jurisdiction. -
Ships, just like territories, are subject to the jurisdiction of the country whose flag they fly. For example, a ship flying the Turkish flag is subject to Turkish criminal law (Turkish Penal Code, Articles 8-13).
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If the vessel is stateless, flagged illegally, or sailing under a false flag , the state closest to where the crime was committed, or the affected state, may intervene.
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Some crimes to multiple jurisdictions (for example, if the victim is a Turkish citizen, Article 11 of the Turkish Penal Code).
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the vessel is flying a foreign flag and is in Turkey's inland waters/territorial waters:
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Turkish courts have jurisdiction.
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However, there may be some exceptions (diplomatic relations with the flag state, right of navigation).
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🛠️ V. Jurisdiction Based on the Nature of the Crime
A. Piracy
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Universal jurisdiction applies in accordance with Articles 100 and subsequent articles of the UNCLOS .
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Every state has the right to prosecute, arrest, and try.
B. Drug Trafficking
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If the ship is flying the Turkish flag → Turkish courts have jurisdiction.
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If the vessel is foreign → Turkey can intervene if the flag state permits.
→ The 1988 Vienna Convention on Narcotic Drugs applies.
C. Environmental Crimes
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If the incident occurs in the territorial waters of a coastal state, that state has jurisdiction.
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If environmental damage occurs in the open sea , the affected state may, in some cases, file a lawsuit.
📍VI. Legal Process: Investigation and Prosecution
1. Competent Courts
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If the crime occurs within Turkey's sovereign territory, then the Magistrates' Court / High Criminal Courts have jurisdiction.
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If the ship is flying the Turkish flag → Turkish maritime courts or general criminal courts with jurisdiction will intervene.
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Preliminary investigations and evidence gathering will be conducted if necessary .
2. Investigation Phase
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Naval forces, coast guard, and port authorities prepare reports.
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The public prosecutor's office takes statements from witnesses, the captain, crew, and passengers.
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Technical evidence (AIS recordings, radar, satellite data) is collected.
3. Prosecution and Trial
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The court uses on-site investigations, expert reports, and requests for international legal assistance.
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Judicial cooperation with foreign states will be undertaken if necessary.
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If the defendant is a foreigner and will not be extradited, they can be tried in absentia in Türkiye.
📌VII. Examples in Practice
🔹 Supreme Court of Appeals, 9th Criminal Chamber, Case No. E.2015/4561 K.2017/1654:
"Turkish criminal courts have jurisdiction over the fatal workplace accident that occurred on a Turkish-flagged cargo ship sailing in our territorial waters."
🔹 Council of State, 1st Chamber, Case No. E.2008/567 K.2009/86:
"With regard to administrative sanctions concerning ship personnel, the fact that the ship flies the Turkish flag gives rise to jurisdiction."
⏳ VIII. Statute of Limitations and Conflicts of Jurisdiction
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In cases of conflict of jurisdiction with foreign countries, the flag state shall have the primary jurisdiction.
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However, Turkey can intervene if its national interests are directly affected
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International cooperation mechanisms (Interpol, maritime safety protocols) come into play.
🧭 IX. Result
Jurisdiction for crimes committed at sea is determined by considering factors such as the maritime area where the crime was committed, the flag of the vessel, the nature of the crime, and the nationality of the victim and the perpetrator. While Turkey has full sovereignty in its territorial waters, universal jurisdiction is granted only in limited circumstances at sea. Turkey possesses the authority to effectively investigate and prosecute crimes committed at sea, both under its national legislation and within the framework of international agreements to which it is a party.
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