The recent verdict by the Permanent Court of Arbitration (PCA) on a disputed case between India and Italy has brought this international institution into the spotlight. The court rejected India’s claim that it could try Italian soldiers accused of killing Indian fishermen, instructing India to cease all criminal proceedings.
The Case Background
In 2012, two Italian marines on board the oil tanker Enrica Lexie were detained by Indian police after shooting at two Indian fishermen on an Indian vessel off the Kerala Coast, mistaking them for pirates. Following this incident, Italy petitioned the International Tribunal for Law of the Sea (ITLOS) in 2015, requesting that the marines remain in Italy during the trial and asking India to discontinue its criminal proceedings.
At that time, a special court was established by the Indian Supreme Court to determine jurisdiction over the case. The National Investigation Agency of India had charged the marines under various sections of the Indian Penal Code, related to murder and attempted murder.
However, the ITLOS ruled in 2015 that both countries should suspend any domestic prosecutions arising from the case. This verdict caused a prolonged diplomatic standoff between India and Italy, which was resolved only in 2016.
Key Verdict Points
The tribunal acknowledged that the actions of the Italian marines violated India’s right of navigation under UNCLOS Article 87(1)(a) and 90. It also ruled that India is entitled to compensation for loss of life, injury, property damage, and suffering experienced by the captain and crew of ‘St Antony’, the Indian vessel involved in the incident.
On the other hand, India’s assertion to the PCA UNCLOS tribunal that they lacked jurisdiction over the case was refuted by the court. The majority of the five-member bench held that the court had jurisdiction over the matter, supporting Italy’s stance that the marines, as members of their country’s armed forces, could not be tried by Indian courts.
Basis of the Verdict
According to the tribunal, both India and Italy had shared jurisdiction over the incident and had a valid legal basis to initiate criminal proceedings against the marines. Nevertheless, the tribunal noted that the marines’ immunity as state officials exempted them from the jurisdiction of Indian courts.
About the Permanent Court of Arbitration
The PCA, established in 1899 and headquartered in The Hague, Netherlands, is an intergovernmental organization dedicated to aiding the international community in dispute resolution. Its primary function is to facilitate arbitration and other forms of dispute resolution between states. The PCA also operates a Financial Assistance Fund designed to assist developing countries in meeting the costs associated with international arbitration or other dispute resolution methods facilitated by the PCA.
The Way Forward
Following the PCA’s verdict, India has said it will consult with relevant entities on the matter and abide by the government’s regulatory framework. Increased awareness about this incident, treated as a lesson for Indian diplomacy, can help the country better handle future challenges.
