New Delhi: The Permanent Court of Arbitration at The Hague on Thursday said India is entitled to get compensation in in connection with the 2012 killing of two crew members of a fishing boat off the coast of Kerala by Italian marines guarding an oil tanker case.
However, the Tribunal also said the two marines can't be prosecuted in India because they enjoy immunity as they were officers of the State.
Talking to reporters here during virtual weekly press briefing, Ministry of External Affairs (MEA) spokesperson Anurag Srivastava said India has won the Italian marines case at the international tribunal.
As per the Tribunal's ruling, the two Italian marines were held violating international law and as a result Italy breached India's freedom of navigation under the United Nations Convention on the Law of the Sea (UNCLOS).
Mr Srivastava also said, “India has taken note of the [tribunal’s] award and will be in touch with relevant entities on the matter.”
The Italian Marines cases was being heard at the Permanent Court of Arbitration (PCA) at The Hague. The final hearing in the case was heard last year in July.
The Tribunal was constituted under Annex VII of the UN Convention on the Law of the Sea (UNCLOS) on June 26, 2015. This was based on Italy's request in respect of the dispute concerning the shooting incident of February 15, 2012, involving Italian tanker 'Enrica Lexie' and Indian fishing vessel 'St Antony'.
The tribunal began hearing the case after Italy contended in December 2015 that India had violated the rights and immunity of the marines – Massimiliano Latorre and Salvatore Girone – by detaining them.
Italy also argued that India had violated its exclusive right to institute penal proceedings against the marines under UNCLOS.
The tribunal unanimously ruled: “India is entitled to payment of compensation in connection with loss of life, physical harm, material damage to property ... and moral harm suffered by the captain and other crew members of the ‘St Antony’, which by its nature cannot be made good through restitution.”
It said the two sides should hold consultations to reach agreement on the amount of compensation.
It added the tribunal would retain jurisdiction if either side or both sides wished to apply for a ruling from the court regarding the quantum of compensation.
However, if no application is received within a year after the date of the ruling, the proceedings will be closed.
The tribunal unanimously ruled set aside Italy’s contention that India had breached provisions of UNCLOS, but decided by three votes to two that the Italian marines were “entitled to immunity in relation to the acts that they committed during the incident of 15 February 2012, and that India is precluded from exercising its jurisdiction” over them.
The tribunal also decided by three votes to two that India must take “necessary steps to cease to exercise its criminal jurisdiction over the Marines” in view of Italy’s commitment to “resume its criminal investigation into the events of February 15, 2012”.
