Enrice Lexie Accident: International Law Essay

8731 Words Feb 17th, 2015 35 Pages
ENRICA LEXIE INCIDENT: INTERNATIONAL CASE

BETWEEN ITALY AND INDIA
Author: Manuele Scardaccio

The Enrica Lexie incident of 15 February 2012, off the coast of Kerala had attracted unprecedented attention in all the world. The legal issues involved in bringing the Italian marines to justice for the killing of two Indian fishermen on board an Indian fishing boat in a shoot-out from Enrica Lexie, an Italian flagged commercial boat, in the contiguous zone of India had been the subject matter of legal dispute before the Kerala High Court and the Supreme Court of India. The judgments of both Kerala High Court and the Supreme Court of India in regard to the Enrica Lexie incident dealt with the legal aspects of coastal state jurisdiction and
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We are however unsure, at this juncture, of Italy’s inclination towards approaching the international tribunal for the interpretation of UNCLOS in relation to Enrica Lexie incident. In this regard, suggestions are made in the concluding part of this article as to how diplomacy can achieve a mutually beneficial resolution of dispute on a bilateral basis. 1

I.

INTRODUCTION

The Enrica Lexie’s accident, a commercial Italian flagged ship, when the 15 february 2012, two Italian marines killed two innocent fishermen on board an Indian fishing boat “St. Anthony” off the coast of Kerala, has attracted unprecedented media attention in all the world. The starting point of the case can be tracked back to the First Information Report (FIR) made by the owner of the boat to the Circle Inspector of Police, Neendakara, regarding the attack and the consequential death of two Indian fishermen involved in fishing in the Arabian Sea. A criminal case was registered as Crime No.2 of 2012 on the basis of the FIR against the Italian marines. The Italian marines were arrested, detained and later enlarged on bail. However, the marines and the Consul General of Italy sought, from the High Court of Kerala, the issuance of appropriate writ, or direction for declaration of the registration of First

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