The Hague based -based Permanent Court of Arbitration (PCA) ruled that two Italian marines accused of killing two Indian fishermen in February 2012 are entitled to immunity from prosecution.
The tribunal ruled that the Italian marines-Salvatore Girone and Massimiliano Latorre enjoyed diplomatic immunity as Italian state officials under the United Nations Convention on the Law of Sea.
The court ruled that they will not be tried in India, and face criminal proceedings in Italy, but the panel also found merit in India’s counter-claim that the marines on board “Enrica Lexie” had violated the freedom of navigation rights under the United Nations Convention on the Law of the Sea (UNCLOS) by shooting at fishing boat “St. Antony” and should pay compensation to the victims’ families, the boat owner and crew members.
What was the Enrica Lexie incident issue?
The Enrica Lexie incident took place in February 2012, when the Italian oil tanker Enrica Lexie, traveling off the coast of Kerala was approached by an Indian fishing vessel.
Two Italian marines onboard fired what Italy contends were warning shots at the ship. Two fishermen, Ajesh Binki and Valentine, were killed.
The two marines were held in custody in India for several years before being allowed to return to Italy. In 2015, Italy took the issue to the PCA, the court that deals with disputes between countries and private parties.
What is Permanent Court of Arbitration (PCA)?
The PCA was established by the Convention for the Pacific Settlement of International Disputes, concluded at The Hague in 1899 during the first Hague Peace Conference.
The PCA was the first permanent intergovernmental organization to provide a forum for the resolution of international disputes through arbitration and other peaceful means.
The PCA provides administrative support in international arbitrations involving various combinations of states, state entities, international organizations and private parties.
(Source: BBC, Indian Express and The Hindu)
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