NEW DELHI: The two Italian marines accused of shooting two Indian fishermen to death off the coast of Kerala in 2012, violated international law and India is entitled to compensation for the loss of life, a tribunal of the Permanent Court of Arbitration in The Hague ruled on Thursday.
However, the tribunal, constituted in 2015 on Italy’s request, rejected New Delhi’s demand that the two marines—Salvatore Girone and Massimiliano Latorre—be tried in India. It ruled that both countries had concurrent jurisdiction and legal basis to try the case. However, since the marines, like diplomats, enjoyed immunity from prosecution in foreign courts, India cannot try this case.
The issue of jurisdiction had become a big dispute between the two countries. India maintained that the incident happened in Indian waters, and hence the case must be tried in India. Italy claimed that the shooting took place outside Indian territorial waters and its marines were on-board the ship with the Italian flag.
While upholding the conduct of the Indian authorities over the incident, the tribunal observed that the actions of the marines breached India’s freedom of navigation in international waters under the UN Convention on the Law of the Sea. The tribunal has invited India and Italy to consult with each other and reach a settlement on compensation. It rejected Italy’s demand for compensation over the detention marines by the India.
India can’t try the marines: International court
Actions of the two Italian marines breached India’s freedom of navigation in international waters.
India is entitled to compensation for the loss of lives and property damage The marines can’t be tried in India as they enjoy immunity from prosecution abroad.