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 the sovereign immunity available to the Italian marines under international law and the national law extensively. The views of the Supreme court on the coastal state jurisdiction with regard to Enrica Lexie incident appears to be final, despite the Court having allowed the Italian marines to re- agitate the jurisdiction issue in the Special Court, which will try the crimes committed by the Italian marines from Enrica Lexie . The investigation of the Enrica Lexie incident is now destined to go to the Special Court once the investigation is completed and charges are laid. The legal aspects of other post judgment developments such as Italy’s initial refusal to send back the Italian marines for trial in India and the consequential order of the Supreme Court restraining the movement of the Italian Ambassador outside India are also dealt with. Obviously, an enquiry of this nature involves sifting judicial decisions on coastal State jurisdiction over crimes committed from a foreign vessel in an area beyond national jurisdiction in the light of UNCLOS, SUA Act and other relevant international conventions and national legislations. Italy has
