●Italian Marines Case; India & Italy
•In 2012, Indian police had detained two Italian marines posted on oil tanker Enrica Lexie who had shot at two Indian fishermen on an Indian vessel, apparently mistaking them for pirates operating near the Kerala Coast.
•At that time, India had set up a specially designated court, as ordered by Indian Supreme Court, to determine the applicability of jurisdiction
•After three years, Italy moved the International Tribunal for Law of the Sea (ITLOS) seeking for two italian marines to stay in their own country during the trial process and also to stop India from going ahead with its criminal prosecution.
•The ITLOS judgement of 2015 called on Italy and India to suspend all domestic prosecutions arising from the Enrica Lexie Case
•【Recently, the Permanent Court of Arbitration (PCA) has published an extract of the final award of the ad-hoc tribunal constituted to settle disputes related to the United Nations Convention for the Law of the Sea (UNCLOS) regarding Italian marine Case between India and Italy.】
•The tribunal held that the actions of the Italian military officers breached India’s freedom of navigation under UNCLOS Article 87(1)(a) and 90.
•The tribunal also held that India is entitled for payment of compensation in connection with loss of life, physical harm, material damage to property and moral harm suffered by captain and crew of ‘St Antony’, the Indian vessel.
•India has taken note of the Award and will be following with relevant entities on the matter and regulatory framework established by the Government.
•Further, increasing awareness about the incident and treating it as a lesson for Indian diplomacy would help India to handle future challenges better.
•Permanent Court of Arbitration(PCA)
•The Permanent Court of Arbitration (PCA) was established in 1899 and headquartered at the Hague in Netherlands.
•It is an intergovernmental organization dedicated to serve the international community in the field of dispute resolution and to facilitate arbitration and other forms of dispute resolution between States.
•It has a Financial Assistance Fund which aims at helping developing countries meet part of the costs involved in international arbitration or other means of dispute settlement offered by the PCA