THE INAPT VERDICT IN ENRICA LEXIE’S CASE

In Enrica Lexie’s case, India’s long-await hasn’t caused any satisfactory result. Italy has command over it since the very beginning and eventually succeeded in its objective. on February 15, 2012, two fishermen sailing on fishing boat St. Antony shot off by two Italian marines, Massimiliano Latorre and Salvotore Girone in India’s contiguous zone. Which is positioned 20.5 nautical miles off the Kerala coast. This incident caused outrage and conflict of opinions over legal jurisdiction and immunity between the governments of India and Italy.

Recently, Permanent Court of Arbitration acknowledged the functional immunity of the two marines accepting the plea of Italy that they were working on a mission on behalf of the Italian government and gave Italy the jurisdiction over the matter, regardless of the fact that, the incident happened in India’s contiguous zone and the victims were the Indians. Due to the non-existence of any unilateral and bilateral and treaty between India and Italy, the Italian marines shouldn’t have gotten away in the name of immunity. This decision has set the menacing precedent for all the countries will now be enacting specific laws to give immunity to the military and paramilitary personnel. This will be troublesome for contiguous States. Albeit, the International  tribunal for the law of the Sea,  ruled that the marines are entitled to compensate India for the loss of life, physical harm, material damage to property, and moral harm, India still seeks for more than just monetary restitution for the unjustified killing of its citizens on mere doubt that the boat was a pirate skiff. Now it is to be seen how Italian court will act against the marines under the criminal law. India as a responsible state accepted the decision made by PCA by the virtue of Article 51 of Indian constitution which mandates it to uphold and respect the International law. Now that India has no jurisdiction over the matter anymore it must not show any leniency in securing the justice for Pink and Valentine if Italian court go to the extreme to support the killers.