They were accused of shooting down Indian fishermen in Kerala in 2012
India has won its case against the two Italian marines who were accused of shooting down Indian fishermen in Kerala in 2012. In a statement, the Ministry of External Affairs (MEA) said India has won the Italian marines case at the international tribunal — the Permanent Court of Arbitration at the Hague.
The marines were in violation of the international laws but enjoy immunity. Actions of the Italian military breached India’s right and India is entitled for compensation from Italy for loss of lives, it said.
The two Italian marines were held violating international law and as a result Italy breached India’s freedom of navigation under the United Nations Convention on the Law of the Sea (UNCLOS), the Tribunal ruled.
The Arbitral Tribunal was constituted under Annexure VII of UNCLOS on June 26, 2015 and the last hearing in the case was made in July last year. The constitution of the tribunal was based on Italy’s request in respect of the dispute concerning the shooting incident of February 15, 2012, involving Italian tanker ‘Enrica Lexie’ and Indian fishing vessel “St. Antony”.
The case refers two Italian marines — Salvatore Girone and Massimiliano Latorre — who were accused of shooting two Indian fishermen off Kerala coast in 2012.
The major bone of contention between India and Italy was on the issue of jurisdiction to try the accused Italian marines. While India contended that it had jurisdiction over the case as the fishermen killed were Indians and accordingly the case must be tried as per Indian laws.
Italy claimed that the shooting took place outside Indian territorial waters and its marines were on-board a ship with Italian flag and Rome enjoyed jurisdiction over the case. India had contested the claim that the shooting occurred outside Indian territorial waters.
The Italians also claimed that they were in international waters and acted to protect an Italian oil tanker as part of an anti-piracy mission.
The Tribunal ruled that the actions of the Italian military officers and, consequently, Italy breached India’s freedom of navigation under UNCLOS Article 87 (1) (a) and 90.
In regards to the question of jurisdiction, the Tribunal noted that India and Italy had “concurrent jurisdiction” over the incident and a valid legal basis to institute criminal proceedings against the Marines.
The Tribunal rejected Italy’s claim to compensation for the detention of the Marines by Indian authorities.
However, the Tribunal has ruled that the two marines accused of shooting two Indian fishermen enjoy immunities that are enjoyed by State officials. Accordingly, this acts as an “exception to the jurisdiction of the Indian courts”. As a result, Indian courts can’t judge their case but the Tribunal took note of Italy’s commitment that it will resume its criminal investigation into the events of February 15, 2012.
The Tribunal also awarded that India is entitled to payment of compensation in connection with loss of life, physical harm, material damage to property and moral harm suffered by the captain and other crew members of ‘St. Antony’, the Indian vessel.
The Tribunal further directed the two sides to consult with each other to reach an agreement on the amount of compensation due to India.
The Tribunal also affirmed that it shall retain jurisdiction if either Party or both Parties wish to apply for a ruling from the panel on quantification of compensation due to India.
