BY: UPASANA SAIKIA,BA.LLB(HON.S),2 ND YEAR,SCHOOL OF LAW, LOVELY PROFESSIONAL UNIVERSITY, PUNJAB
INTRODUCTION
The Enrica Lexie case, also known as the Italian marines case, involves a shooting incident that occurred at the coast of Kerala, India, in 2012. Two Italian marines, Salvatore Girone and Massimiliano Latorre, aboard the Italian oil tanker MV Enrica Lexie, travelling from Egypt to Singapore. An Indian vessel too was travelling towards Indian Coast and all of a sudden the Italian marines opened fire on the Indian fishing boat, resulting in the deaths of two Indian fishermen. The Enrica Lexie case, involving the deaths of two Indian fishermen at the hands of Italian marines, remains a poignant reminder of the complexities surrounding jurisdiction and accountability on the high seas.
THE INCIDENT:
In February 2012 an Indian vessel St. Anthony, was returning back to its coast after its completion of daily operation. When two Italian marines were travelling from Egypt to Singapore at the same time, and all of a sudden the two Italian flagged ship start to gunshot on the Indian vessel for continuous two minutes resulting to severe damage of the vessel along with two Indian fishermen shot dead on the spot. The incident took place 20 nautical mile from Kerala coast. After the incident the Italian ships travelled for long three hours and then arrested by Indian navy. The trial began at the Kerala coast and the two Italian Navy officer who gunshot were also arrested. The Italian marines were arrested and charged with murder under Sec.302 of IPC. The control over the event is being contested by Italy and India, as Italy was seeking provisional orders from the ITLOS to force India to halt prosecutions and free the Italian marines who were detained until such time as the UNCLOS Arbitral Tribunal shall determine which nation has the right to assert jurisdiction. The Italian marines onboard the Enrica Lexie claimed they mistook the fishermen for pirates and acted in self-defence.
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ARGUMENTS FROM BOTH SIDES:
The incident sparked a lengthy legal and diplomatic dispute between India and Italy. Arguments From The Indian Perspective:
1. Violation of territorial sovereignty: India argues that the shooting occurred within its territorial waters, making it a violation of its sovereignty. The Indian fishermen were unarmed and posed no threat to the Italian vessel, making the use of lethal force unjustifiable.
2. Jurisdiction and legal accountability: India asserts that the Italian marines must be held accountable under Indian law for their actions. The incident resulted in the loss of Indian lives, and therefore, the perpetrators should face trial in India to ensure justice for the victims and their families.
3. Upholding international law: India contends that allowing the Italian marines to be tried in Italy would set a dangerous precedent and undermine international law. Allowing foreign nationals to evade accountability for crimes committed in another country's territorial waters could encourage impunity and destabilize maritime security.
Arguments from the Italian perspective:
1. Jurisdictional dispute: Italy argues that the shooting took place in international waters, beyond India's territorial jurisdiction. Therefore, the incident falls under Italian jurisdiction, and the Italian marines should be tried in Italy according to Italian law.
2. Diplomatic immunity: Italy asserts that the Italian marines were serving on a government-authorized mission to protect the MV Enrica Lexie from piracy threats in the Indian Ocean. As such, they should be entitled to diplomatic immunity, protecting them from prosecution in India.
3. Fair trial concerns: Italy raises concerns about the impartiality and fairness of the Indian legal system, citing issues such as delays in the legal process, inadequate prison conditions, and the potential for political interference. Italy argues that the Italian marines would not receive a fair trial in India and could face harsh treatment if extradited.
These arguments highlight the complex legal and diplomatic issues at stake in the Enrica Lexie case, with both India and Italy advocating for their respective positions based on principles of sovereignty, jurisdiction, and legal accountability.
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LEGAL IMPLICATIONS:
The Enrica Lexie incident immediately triggered a legal quagmire, with India and Italy locked in a dispute over jurisdiction and legal accountability. India argued that the incident occurred within its Exclusive Economic Zone (EEZ) and thus fell under its jurisdiction, while Italy maintained that it took place in international waters, putting it under Italian jurisdiction. This clash of legal interpretations raised complex questions about the application of international law, particularly the United Nations Convention on the Law of the Sea (UNCLOS), which delineates maritime zones and their respective legal implications.
LEGAL PROCEEDINGS:
In the aftermath of the incident, the Italian marines, Massimiliano Latorre and Salvatore Girone, were detained by Indian authorities and charged with murder under Indian law. The case proceeded through the Indian legal system, with the marines facing trial in Indian courts. However, Italy vehemently contested India's jurisdiction, arguing for the return of its marines and advocating for the case to be adjudicated in Italian courts or through international arbitration.
The Enrica Lexie case evolved into a protracted legal and diplomatic standoff, straining relations between India and Italy. Despite intense negotiations and diplomatic efforts, a resolution seemed elusive for years as both nations remained steadfast in their positions. Resolution and Aftermath: After years of legal wrangling and diplomatic tensions, a breakthrough finally emerged. In 2020, the Permanent Court of Arbitration in The Hague ruled that India was entitled to claim compensation from Italy for the loss of life but did not have jurisdiction over the incident itself. Italy agreed to pay compensation to the families of the deceased fishermen, effectively bringing closure to the legal dispute.
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JUDGEMENTS IN FAVOUR OF INDIA:
• The tribunal determined that the conduct of the Italian military personnel violated India's rights to freedom of navigation as outlined in UNCLOS Article 87(1)(a) and 90.
• Additionally, the tribunal ruled that India has the right to receive compensation for the loss of life, injuries, damage to property, and psychological suffering endured by the captain and crew of the 'St Antony,' the Indian vessel.
JUDGEMENTS IN FAVOUR OF ITALY:
• India had requested the Permanent Court of Arbitration (PCA) UNCLOS tribunal to determine that the PCA lacked jurisdiction regarding the case presented by Italy. Despite this, a majority of the five-member bench, with a 4-1 ruling, concluded that it did indeed have jurisdiction over the matter.
• The Italian argument, asserting that the marines, as members of the Italian armed forces engaged in official duties, were exempt from trial in Indian courts, was upheld. Consequently, immunity was granted to the Italian marine officials.
BASIS OF THE JUDGEMENT:
• The tribunal noted that both India and Italy had overlapping jurisdiction over the incident and possessed legitimate legal grounds to initiate criminal proceedings against the marines.
• However, it also acknowledged that the immunities afforded to the marines as state officials constitute an exemption from the jurisdiction of Indian courts, thereby preventing them from adjudicating the case involving the marines.
IMPACT
The killing of two fishermen case has a huge impact concerning about the jurisdiction over territorial sea. The judgment of the case determines the India’s contiguous zone over sea upto 24nm from the Indian coast. It clearly concluded that the incident took place under the jurisdiction of India and that Italian marine was held liable to pay compensation to India for committing offence that caused irrecoverable damage. Therefore, this case depicts an important highlight over territorial sea jurisdiction under International Law.
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CONCLUSION:
The Enrica Lexie case serves as a sobering reminder of the complexities inherent in maritime law and the challenges of reconciling competing jurisdictional claims. Beyond the legal and diplomatic intricacies, it underscores the human tragedy that unfolded at sea, highlighting the importance of pursuing justice for the victims and their families. As the international community grapples with maritime disputes, the Enrica Lexie case stands as a testament to the need for clearer legal frameworks, enhanced cooperation, and robust mechanisms for resolving conflicts on the high seas.
REFERENCES
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