Italian marines case: India and Italy should suspend all court proceedings, UN

On Monday, a United Nations court based in Germany asked Italy and India to suspend all court proceedings against two Italian marines accused of killing two fishermen off the South India coast in 2012.

Since it did not consider Italy’s plea “appropriate”, the tribunal then prescribed its own measures, which were not exactly what the Italians sought.

Vladimir Golitsyn, Hearing Italy’s appeal in the case, the President of the global Tribunal on Law of the Sea (ITLOS), asked both countries to submit the initial report in the entire incident by September 25.

One of the servicemen, Massimiliano Latorre, was past year allowed to temporarily return to Italy for medical treatment and is still there.

“I have been instructed to state that India is prepared to guarantee that the decision of the Special Court could be handed down within four months from the date on which the hearings open, if Italy were to cooperate and withdraw its objections to the procedure before the Indian Supreme Court”, Indian representative Alain Pellet told the tribunal.

Italy has put on a courageous face, but there is disappointment that their main aim to get the two marines back home will not happen any time soon.

India however argues that the case is not a maritime dispute but “about a double murder at sea”, in which one fisherman was shot in the head and the other in the stomach. Some media reports had said that Italy may approach ICJ, but it is not clear if this will be a violation of the tribunal’s order which asks both sides to not initiate any new proceedings.

Unhappy over India’s handling of the marine’s issue, Italy took the matter to the ITLOS challenging Indian jurisdiction in the case.

After examining the positions of the parties, the tribunal has come to the view that a dispute exists between the parties concerning the interpretation or application of the convention, and it has found that the arbitral tribunal would prima facie have jurisdiction over the dispute.

The Spokesperson in the External Affairs Ministry also said India will abide by the tribunal’s decisions, including the present one on provisional measures.

“We are however disappointed the court declined to issue measures on the situation of Girone and Latorre”, he said.