An international tribunal on Monday ruled that it would not take action over a deadly 2012 maritime incident that sparked a diplomatic dispute between Italy and India.
A UN tribunal on Monday asked India and Italy to “suspend” ongoing court proceedings in the Italian marines case and not initiate new ones that could “aggravate” the dispute. India said it will abide by the tribunal’s decisions.
The 21-member International Tribunal for the Law of the Sea (ITLOS), based in German port town of Hamburg, ruled that it would not take action over the 2012 killing of two Indian fishermen - an incident that sparked a diplomatic dispute between Italy and India.
- [https://www.itlos.org/fileadmin/itlos/documents/cases/case\_no.24\_prov\_meas/C24\_Order\_24.08.2015\_orig\_Eng.pdf Read Order]
- [https://www.itlos.org/fileadmin/itlos/documents/press\_releases\_english/PR\_237\_EN.pdf Read full ITLOS press release]
India was represented by international law professor Alain Pellet and Eversheds dispute resolution director Rodman Bundy, assissted on the ground by additional solicitor general PS Narasimha and officials from Ministries of External Affairs, according to an [http://www.ndtv.com/india-news/india-hires-foreign-lawyers-to-argue-italian-marines-case-in-germany-1204631 NDTV] report.
It also asked both two countries to submit the initial report in the entire incident by September 24.
The court, which is mandated by the UN, invited both parties to “suspend all court proceedings and shall refrain from initiating new ones which might aggravate or extend the dispute submitted to the… arbitral tribunal or might jeopardise or prejudice the carrying out of any decision which the arbitral tribunal may render”.
The tribunal issued the ruling with 15 in favour and six against.
External affairs ministry spokesperson Vikas Swarup said in a statement: “We have just received the order from the International Tribunal on the Law of the Seas in the Enrica Lexie incident in which Italy had approached the Tribunal for two provisional measures: that India should refrain from taking or enforcing any judicial or administrative measures against the two Italian marines and from exercising any form of jurisdiction over the incident; and for the return of Sgt. Salvatore Girone to Italy and continued stay of Sgt. Massimiliano Latorre in Italy throughout the proceedings of the Annex VII Arbitral Tribunal.
“While we are studying the judgment in detail, it is clear that the Tribunal did not consider the two provisional measures sought by Italy to be appropriate as that would have pre-judged the merits of the case and would not have equally preserved the rights of both parties until the constitution of the Annex VII Tribunal under UNCLOS, which will decide the issue of jurisdiction.”
He said the tribunal has instead prescribed a provisional measure in which both Italy and India should suspend all court proceedings and refrain from initiating new one.
“As a state party to UNCLOS and as a responsible member of the international community that has consistently stood by its international obligations, India will continue to abide by the Tribunal’s decisions, including the present one on provisional measures,” said Swarup.
The two Italian marines serving aboard oil tanker Enrica Lexie as part of an anti-piracy mission allegedly killed two Indian fishermen off India’s Kerala state.
India detained the two marines and a court case is pending, while Italy has challenged India’s jurisdiction over the case.
Italy had asked the court to allow Girone to be returned to Italy from India and for Latorre, who was granted temporary leave by India for medical treatment last year, to remain in his country.
Comments
Kian - please check the website of ITLOS where the written and video recording of the hearing is available. Mr. Narasimha did NOT "assist" Eversheds and Pellet; he lead them!
Expect better reporting from you.
(a) Was the tribunal's order an interim order or a final one? Seems to me that it was the former. If so, the headline "lose India's... case" may not be warranted.
(b) The headline seems to suggest that it was the foreign lawyers who were responsible for losing India's case. Was it actually so?
2. It is not a loss as the italian marines have not been asked to be returned to Italy - in fact it may also be used by India to demand the return of the other marine;
3. Yes the ASG was leading the team
The order also explicitly rejects Italy's contentions and request for the provisional measures. Their main prayer i.e., release of the 2nd marine, which would have ensured the end of the case as Italy would then ensure the arbitration would never take place, was also rejected.
So, again, how did "they" lose?
1. Where was the Italian ship actually intercepted by the Indian coast guard? In India's territorial waters, or in waters where India has joint jurisdiction with international agency(ies), or in open international seas. The determination of this fact is crucial because over the last 3 years the actual fact has been muddied by conflicting claims by both India and Italy.
2. If Issue 1 above shows that it was really in international waters, then was the ship persuaded to come to Kochi, by coercion/deception, as the Italians have alleged?
It defies imagination, and also speaks very poorly of our justice system, that for our Indian courts to determine these 2 issues/facts above, it has taken something like 3+ years and is still not done, and that moreover we want the Italians to remain incarcerated till then while we take our own time.
LI should focus on the real issues: lack of legal experts in the IFS and refusal by joker bureaucrats to induct lateral entrants.