Italian Marines case: Partial victory
The 2012 killing of two Indian fishermen by two Italian marines aboard in what is being described in the Permanent Court of Arbitration as the Enrica Lexie incident, which refers to the Italian oil tanker, has taken a new turn. The Arbitral Tribunal has allowed one of the marines, Salvatore Girone, who has been held prisoner at the Italian embassy in New Delhi as prisoner, to go home, while conceding that the Supreme Court of Indias jurisdiction over his bail conditions is not in any way compromised. It can be argued that this is as fair and as neutral a decision that the international court has been able to deliver. It has to be remembered however that the present decision is pending the consideration of the main case. he case has been taken up under the United Nations Convention of the Law of the Sea (UNCLOS). Italy has taken the case to The Hague in June 2015 saying that the diplomatic attempts to resolve the issue have failed. In August 2015, the International Tribunal of the Sea (ITLOS) has directed the two countries not to persist with any judicial measures with regard to the dispute. As a consequence, the Supreme Court of India has stayed the proceedings of the case. Now the Arbitral Tribunal has said that there was a prima facie dispute between Italy and India. That is, it has agreed that the case is admissible.
The Tribunal as a matter of fact strengthens Indias position by noting: With appropriate guarantees of return, no material changes would result for India from an alleviation of Sergeant Girones bail conditions. Appropriate guarantees should include, as stated by Italy in its Request, a binding undertaking by Italy to guarantee the return of Sergeant Girone should this Arbitral Tribunal find in Indias favour on the merits.
DNA
