INTERNATIONAL TRIBUNAL SAYS INDIA CANNOT PROSECUTE ITALIAN MARINES WHO KILLED INDIAN FISERMEN IN ANTI-PIRACY OPERATIONS

On 2 July, The Wire reported that the Permanent Court of Arbitration in The Hague published an extract of the final award of the tribunal constituted to settle disputes related to the UN Convention for the Law of the Sea (UNCLOS). It rejected India’s contention that 2 Italian marines, who were accused of killing Indian fishermen in 2012, could be tried in Indian courts and ordered India to cease all criminal proceedings against them. The tribunal said that India is precluded from exercising its jurisdiction over the Marines. It is said that 2 Italian marines posted on an oil tanker shot at 2 Indian fishermen on an Indian vessel, apparently mistaking them for pirates operating near the Kerala Coast. The tribunal accepted Italy’s argument that the marines have immunity as “state officials”. Italy had also disputed that the matter didn’t come under jurisdiction of India as the incident did not take place in territorial waters of India.

https://thewire.in/external-affairs/enrica-lexie-arbitral-tribunal-italian-marines

 

 

 

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Author: raytodd2017

Chartered Legal Executive and former senior manager with Isle of Man Customs and Excise, where I was (amongst other things) Sanctions Officer (for UN/EU sanctions), Export Licensing Officer and Manager of the Legal-Library & Collectorate Support Section

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