International Arbitration Court Backs India In Italian Marines Case - New Delhi

NEW DELHI (Pakistan Point News / Sputnik - 02nd July, 2020) The international Arbitral Tribunal ruled on Thursday that two Italian marines had violated international law and breached India's freedom of navigation by opening fire at an Indian vessel carrying fishermen in 2012 that resulted in deaths of two Indian nationals, the Indian Ministry of External Affairs said.

The proceedings were instituted by the Hague-based Permanent Court of Arbitration (PCA) under Annex 7 of the UN Convention on the Law of the Sea (UNCLOS) on June 26, 2015, based on Italy's request three years after the incident. On February 15, 2012, the Italian security team aboard the Enrica Lexie tanker shot dead two fishermen after they mistook them for pirates in the Arabian Sea, about 15 nautical miles off the southern Indian state of Kerala. Salvatore Girone and Massimiliano Latorre were soon taken into custody by Indian police. The Italian company that owns the vessel has said that the Enrica Lexie was attacked and that the crew had acted in accordance with international rules.

"The Tribunal upheld the conduct of the Indian authorities with respect to the incident under the provisions of the UNCLOS. It held 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," the ministry's spokesman, Anurag Srivastava, said during an online media briefing.

The court recognized that the Italian marines enjoyed immunity as state officials and "took note of the commitment expressed by Italy to resume its criminal investigation" into the case, according to the spokesman.

"The Tribunal decided 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 [Indian vessel] 'St. Antony.' The Tribunal also held that the Parties are invited to consult with each other with a view to reaching agreement on the amount of compensation due to India," the spokesman noted.

The diplomat went on to say that the tribunal rejected Rome's claim to compensation for the detention of the Italian marines by India. The two marines were subsequently allowed to return home.

On Thursday, the PCA issued its own press release detailing the same ruling.