A Sample "International Law Examination Question" Based on a Hypothetical Scenario

FACTS:  On July 14, 1923, a Turkish freighter, the Boz Kourt, was docked in the port of New York City. That afternoon, a Turkish crew member (Fecrid Atamdede) fought and killed another Turkish crew member while both were on board the vessel. Shortly thereafter, the New York City police boarded the Boz Kourt and arrested Atamdede. They then committed Atamdede to jail in New York City, pending his trial for murder.

On July 16, 1923, the Turkish consul in New York sought a writ of habeas corpus to obtain the release of Atamdede, a Turkish national. The consul relied upon a March 9, 1921 treaty between the United States and Turkey.

Article IX provided that consular officials:

"shall alone take cognizance of all differences which may arise, either at sea or in port, between the captains, officers, and crews, without exception .... The local authorities shall not interfere, except when the disorder that has arisen is of such a nature as to disturb the tranquility and public order on shore, or in the port, or when a person of the country or not belonging to the crew, shall be concerned therein."

On July 28, 1923, the U.S. Circuit Court refused to deliver Atamdede to the Turkish consul, but instead remanded Atamdede to jail. On November 11, 1923, the U.S. Supreme Court agreed to consider the case.

QUESTION:  As a U.S. Supreme Court judge, how would you respond to the following questions:

1. Based on those international and domestic legal rules operative in 1923, which state has rightful jurisdiction over Fecrid Atamdede? The United States or Turkey?



2. On what legal basis is jurisdiction to be determined?