The judgement of the International Tribunal for the Law of the Sea in Italian marines case was based on the immunity of state officials. What could be the implication of invoking immunity of state official in this judgement? What should be the next course of action for India? 10 marks

Mentor’s comment-
  • https://vk.com/doc562341376_558583356?hash=9848149162eaaf5a93&dl=dc100bbf20d792fd19
  • In the intro, briefly mention the issues involved in the case.
  • In the body, first, explain the what immunity of the state is. As implications mention that immunity of state officials is based on treaties either bilateral or multilateral but after this judgement, many states could enact laws to provide immunity to their military forces. As the next course of action, India should ensure fair trial in Italy and also examine the what went wrong in India’s executive and the judicial branch’s actions.
  • Conclude by stating that as a good international citizen, India has accepted the tribunal’s award. Now it must ensure that Italy fully honours it.
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