MEDVEDYEV AND OTHERS v. FRANCE JUDGMENT 27 satisfied. It is therefore essential that the conditions for deprivation of liberty under domestic and/or international law be clearly defined and that the law itself be foreseeable in its application, so that it meets the standard of “lawfulness” set by the Convention, a standard which requires that all law be sufficiently precise to avoid all risk of arbitrariness and to allow the citizen – if need be, with appropriate advice – to foresee, to a degree that is reasonable in the circumstances of the case, the consequences which a given action may entail (see, among other authorities, Amuur, cited above; Steel and Others v. the United Kingdom, 23 September 1998, § 54, Reports 1998-VII; Baranowski v. Poland, no. 28358/95, §§ 50-52, ECHR 2000-III; and Jėčius v. Lithuania, no. 34578/97, § 56, ECHR 2000-IX). 81. Lastly, the Grand Chamber shares the view of the Government and the Chamber that it must be borne in mind that the measures taken by the French authorities against the Winner and its crew were taken in the context of France’s participation in the effort to combat international trafficking in drugs. As it has pointed out on numerous occasions, in view of the ravages drugs cause it can see in particular why the authorities of the Contracting States are so firm towards those who contribute to the spread of this scourge, and it is fully aware of the need to combat drug trafficking and, accordingly, to secure fruitful cooperation between States in this area. Nevertheless, the special nature of the maritime environment relied upon by the Government in the instant case cannot justify an area outside the law where ships’ crews are covered by no legal system capable of affording them enjoyment of the rights and guarantees protected by the Convention which the States have undertaken to secure to everyone within their jurisdiction, any more than it can provide offenders with a “safe haven”. (b) Application of the above principles 82. The Court notes first of all that it is not disputed that the purpose of the deprivation of liberty to which the applicants were subjected on board the Winner while it was being escorted to France was to bring them “before the competent legal authority” within the meaning of Article 5 § 1 (c) of the Convention. In this case, the Court notes that the parties disagree as to whether the facts of the case had a “legal basis” under public international law and domestic law. 83. The Court notes at the outset that in cases concerning drug trafficking on the high seas public international law upholds the principle that the flag State – in this case Cambodia – has jurisdiction. It also notes that Cambodia is party neither to the Montego Bay Convention nor to the Vienna Convention. 84. The Government subscribe to the Court of Cassation’s view that the intervention of the French authorities found justification in Article 108 § 2 of the Montego Bay Convention. However, Article 108 § 2 specifically authorises “a State which has reasonable grounds for believing that a ship

Select target paragraph3