Hague court says Italy has jurisdiction in 2012 Indian shooting

[BHarwana]

Arbitration court says New Delhi must halt prosecution of two marines who have immunity from Indian prosecution.

An international arbitration court has sided with Italy and decided the European country, not India, has jurisdiction to prosecute two Italian marines accused of killing two Indian fishermen in 2012.

The Hague-based Permanent Court of Arbitration determined the two marines have immunity from Indian prosecution.

Italy had argued as such since the men were Italian government employees acting in their official capacities when the fishermen were shot.

In a summary of the ruling released on Thursday, the court said India must halt its prosecution of the marines. It ordered Italy to prosecute them and to pay compensation to India for the loss of life, material damage and "moral harm" suffered by the surviving crew of the fishing ship.

The Hague court invited the two countries to enter into negotiations to reach a final financial settlement.

India had accused Salvatore Girone and Massimiliano Latorre of killing the two fishermen in Indian waters while they were assigned to anti-piracy duties aboard an Italian commercial ship.

Strained ties
The shooting, and India's claim of jurisdiction in the case, strained relations between the two countries.

Italy said the marines thought the fishermen were pirates, that they fired warning shots and that the shooting occurred in international waters. Italy took the case to international arbitration after India arrested the men and imprisoned them without charge for years.

In announcing the ruling, the Italian Foreign Ministry said it was "ready to fulfill what the arbitration tribunal has established, with a spirit of collaboration". The ministry noted that the tribunal did not address the merits of the case, which must now be prosecuted in an Italian court.

The spokesman for India's External Affairs Ministry, Anurag Srivastava, acknowledged the tribunal had found the marines have legal immunity in India. But he noted that the tribunal had rejected Italy's claim to compensation for the time the marines were held in detention.

"India has taken note of the award (decision) and will be in touch with relevant entities on the matter," he said.


https://www.aljazeera.com/news/2020...ion-2012-indian-shooting-200702194157848.html

 

[xyx007]

The international rule book is waved most often at smaller nations, while the major powers have, in some way or another, bent, twisted or broken them over the years.We can tell Modi’s diplomatic ‘conquests’ are history and India’s foreign relations resemble a train-wreck.

 

[Joe Shearer]

The international rule book is waved most often at smaller nations, while the major powers have, in some way or another, bent, twisted or broken them over the years.We can tell Modi’s diplomatic ‘conquests’ are history and India’s foreign relations resemble a train-wreck.

What a particularly silly inappropriate reply.

The incident occurred long before the present regime (regime is the right word for them), and Indian claims of jurisdiction, the imprisonment of the marines and their subsequent release on compassionate grounds to go home, the failure of the Italian government to honour its guarantee to send the marines back, and the reference of the matter to the International Court of Arbitration, all took place under a different political dispensation. While I oppose the Modi Government on a number of counts, they had nothing to do with these events.

 

[xyx007]

What a particularly silly inappropriate reply.

The incident occurred long before the present regime (regime is the right word for them), and Indian claims of jurisdiction, the imprisonment of the marines and their subsequent release on compassionate grounds to go home, the failure of the Italian government to honour its guarantee to send the marines back, and the reference of the matter to the International Court of Arbitration, all took place under a different political dispensation. While I oppose the Modi Government on a number of counts, they had nothing to do with these events.

it doesn't matter in warfare to lawfare. You violated a lot of international laws. time to put you back in order.

 

[Pan-Islamic-Pakistan]

When will Pakistan FM visit Italy?

That is literally what Modi would do to us if the situations are reversed.

Actually Italy is a very interesting case, you have a European country which has been burnt by US, EU, and others, which supports Turkey in Libya, and which can be a potential ally in Europe for Pakistan against India.

Pakistan should start diplomacy in EU, we have badly neglected this region and India has set up BLA terrorist headquarters in various countries.

 

[masterchief_mirza]

Aww did Bharat think it was part of the Aryan brotherhood for the briefest of moments?

Only to be reminded of its place in the world?

Dumb Indians actually believe they're special or that they invented India. Your country was created by the white man purely as an overpopulated meat shield to be used in Anglo-American wars against Pakistan and China.

 

[Joe Shearer]

it doesn't matter in warfare to lawfare. You violated a lot of international laws. time to put you back in order.

A pious sentiment but do you have examples? Or are you counting on apple pie?

 

[AViet]

Just execute them right after arrest and do not care what the court, or whatever so called international courts say, because they will certainly do it in favor of Western countries which involved.

Accept the strained relation for a while. After 6 months, everything will be forgotten and business will be back to normal.

Of course it is the case if India has a ball. Boycott, like Indian doing to the Chinese, will make you look weak and cannot change anything.