10
MEDVEDYEV AND OTHERS v. FRANCE JUDGMENT
Article 108: Illicit traffic in narcotic drugs or psychotropic substances
“1. All States shall cooperate in the suppression of illicit traffic in narcotic drugs
and psychotropic substances engaged in by ships on the high seas contrary to
international conventions.
2. Any State which has reasonable grounds for believing that a ship flying its flag is
engaged in illicit traffic in narcotic drugs or psychotropic substances may request the
cooperation of other States to suppress such traffic.”
Article 110: Right of visit
“1. Except where acts of interference derive from powers conferred by treaty, a
warship which encounters on the high seas a foreign ship, other than a ship entitled to
complete immunity in accordance with Articles 95 and 96, is not justified in boarding
it unless there is reasonable ground for suspecting that:
(a) the ship is engaged in piracy;
(b) the ship is engaged in the slave trade;
(c) the ship is engaged in unauthorised broadcasting and the flag State of the
warship has jurisdiction under Article 109;
(d) the ship is without nationality; or
(e) though flying a foreign flag or refusing to show its flag, the ship is, in reality, of
the same nationality as the warship.
2. In the cases provided for in paragraph 1, the warship may proceed to verify the
ship’s right to fly its flag. To this end, it may send a boat under the command of an
officer to the suspected ship. If suspicion remains after the documents have been
checked, it may proceed to a further examination on board the ship, which must be
carried out with all possible consideration.
3. If the suspicions prove to be unfounded, and provided that the ship boarded has
not committed any act justifying them, it shall be compensated for any loss or damage
that may have been sustained.
4. These provisions apply mutatis mutandis to military aircraft.
5. These provisions also apply to any other duly authorised ships or aircraft clearly
marked and identifiable as being on government service.”
C. The United Nations Convention against Illicit Traffic in Narcotic
Drugs and Psychotropic Substances, signed in Vienna on
20 December 1988
29. The relevant provisions of the United Nations Convention against
Illicit Traffic in Narcotic Drugs and Psychotropic Substances (“the Vienna