Italian Marines Case

Italian Marines Case

Italian marine Latorre will not return to India

  1. Italian Senate declared that the marine who went back home in 2014 because of ill-health will not return India.
  2. He has to face the judicial process for the 2012 murder of two fishermen off the Kerala coast.
  3. The permission for Mr. Latorre to stay away from India will expire on January 15, after which he was expected to return.
  4. Italy is working on possibility of return of another marine to Italy.
Italian Marines Case

U.N. court for status quo in Italian marines case

  1. The International Tribunal for the Law of the Sea has put a “status quo” in the Italian marines case.
  2. The tribunal has asked both countries to “suspend” all court proceedings and refrain from initiating new ones that might “aggravate or extend” the dispute.
  3. Both countries will submit the initial report on the entire incident by September 24.
  4. Govt. official claim it was a partial victory for India as the court did not allow one of the accused marines to go home from Indian custody despite Italy’s plea.
Italian Marines Case

India rejects Italy’s 4.4-crore offer to free marines

  1. India has rejected Italy’s offer to secure protection from any legal action against the two Italian marines.
  2. India said it would help expedite the trial at a Special Court within 4 months.
  3. There is no bilateral agreement between India and Italy for granting diplomatic immunity to armed forces personnel of Italy.
  4. India also rebutted Italy’s claim before the tribunal that New Delhi has shut the door for a diplomatic solution.
Italian Marines Case

Italian Marines Case: Needless escalationop-ed snap

  1. India’s delayed progress in consideration of stringent measures had led to Italy moving ITLOS.
  2. Italy has questioned the jurisdiction of NIA to prosecute their marines.
  3. Italy has moved to international forum citing excessive delay from Indian side, to restrict India taking any judicial or administrative action.
  4. Italy appears to have returned to its original position of questioning India’s jurisdiction altogether.
  5. India had contended that incident took place 20.5 nautical miles off Indian territory, in the Contiguous Zone.
Italian Marines Case

India to counter Italy’s claim in marines case

  1. An Indian team will challenge the Italy’s contentions in the Italian Marines case before the International Tribunal for the Law of the Sea (ITLOS).
  2. The Indian government will challenge Italy’s decision to take the issue to the international tribunal. How?
  3. Italy has not exhausted all remedies, which is a requirement before invoking the jurisdiction of ITLOS.
Italian Marines Case

Italy moves the International Tribunal for the Law of Seas (ITLOS) in the marines case

  1. ITLOS is one of the four forums available for such International disputes.
  2. Through this forum, Italy wants India to refrain from taking any judicial or administrative measures against the Italian marines.
  3. India will be represented by the Additional Solicitor General P.S. Nariman at the tribunal and will be contending that India alone has the jurisdiction in this case since it happened within India’s territorial limits.
  4. India will also contend that Italy did not exhaust all available remedies, which is a requirement before approaching ITLOS.

In Feb 2012, two Italian Marines on board an oil tanker had opened fire on a fishing boat and killed two fishermen. The issue has since then been a tussle between the two Government.

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