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International Tribunal restrains India from trying Italian Marines in Murder of Two Indian Citizens

August,24,2015: The International Tribunal for the Law of the Sea (ITLOS) has put a "status quo" in the Italian Marines case. A senior government official said it was not entirely a victory for India, and that they would wait for the final verdict of the apex body of ITLOS- Annex VII.

Italian Marines case
Italian Marines case

Italy had moved ITLOS in July this year challenging India's jurisdiction to try the two Italian Marines. Italy said the incident took place in international waters and as per international norms they ought to be tried in Italian courts.

The provisional verdict said on Monday, "pending a decision by the Annex VII arbitral tribunal, the following provisional measure under article 290, paragraph 5, of the Convention: Italy and India shall both suspend all court proceedings and shall refrain from initiating new ones which might aggravate or extend the dispute submitted to the Annex VII arbitral tribunal or might jeopardize or prejudice the carrying out of any decision which the arbitral tribunal may render."

The incident was reported on February 12, 2012 when the duo- Sergeants Massimiliano Latorre and Salvatore Girone allegedly opened fire on an Indian boat— St. Antony killing two Indian fishermen from Kerala on board. The Marines were then arrested by the Kerala Police and the case was later on transferred to the National Investigation Agency (NIA). One of the Marines — Mr. Latorre is presently in Italy on health grounds. The case has become a point of diplomatic tussle between India and Italy. After the NDA government came to power, Italy requested India to resolve the issue. Italy moved for international arbitration in July this year, after which, the proceedings in Supreme Court were stayed.

Related News- 

9.8.2015 – Govt. of India hires Foreigner Lawyers to defend its Jurisdiction to try Italian Marines READ MORE…

9.4.2015 – Supreme Court allows Italian marine to extend visit home READ MORE…

7.4.2015 – SC to hear Marine Latorre’s plea for extension of stay in Italy READ MORE…

Links to Laws at LatestLaws.in

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