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Italy initiated international proceedings in , referring the row to the Netherlands-based tribunal and asking it to rule on where the men should be tried. Both Italians were initially held in India, but Latorre was allowed to return to Italy in after suffering a stroke. Girone was permitted to do the same in after living in Italy's embassy in Delhi for four years. New Delhi insists both Italians should return to India for a final judgment by an Indian court.

India v. Italy: The Indian Supreme Court Decides | The {New} International Law

The detention of the marines, the murder charges and the long wait for the case to be resolved are sore subjects in Italy. Italy insists the oil tanker, the MV Enrica Lexie, was in international waters as part of an anti-piracy mission at the time of the incident. India argues the case is not a maritime dispute but "a double murder at sea", in which one fisherman was shot in the head and the other in the stomach. In December Rome threatened to withdraw its ambassador from India after a court rejected Latorre's original request for medical leave.

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    View all notices Post a new notice. She stated:. As for NATO, the Secretary-General just confirmed yesterday his sharing of our concerns and warnings in relation to the impact that the case of our marines might have on the entire framework of anti-piracy operations. Thus, the reply given last Monday to a journalist by the Secretary-General of the United Nations, according to whom a negotiation on a bilateral basis of the marines case would be preferable to the involvement of the UN, despite not being new in its content, raised serious concerns and our greatest regret. The point is, however, that the SUA Act, or its use as a ground for the indictment, had a substantial effect on the dispute.

    I dare to say — with all the respect that Italy has toward the United Nations system, which, moreover, I have always personally and frankly supported — that affirming at this point that such a case is a dispute between States is an irrelevant truism.

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    And I believe that the reason is clear: the ongoing anti-piracy operations, in which we are taking part as our marines did, are grounded on several conventions on terrorism signed under the auspices of the United Nations, as well as on resolutions of the Security Council. These notions are often used extensively, if not in an outright abusive way; it would thus be appropriate to establish a multilateral monitoring on the way national legislations in this field are interpreted and enforced.

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    What is more, we are no more the only ones to raise such concerns. Following the meeting of the Foreign Affairs Council that was held last Monday, the European Union took the field to support Italy against the threat of an abuse of a legal framework which risks to jeopardise the entire anti-piracy international action.

    The Italian marò and India

    In this respect, too, I think that the response of the Secretary-General leaves something to be desired, as on this specific point we are not dealing any longer with a divergence or a dispute between Members of the United Nations, but with a critical mass of States, including four Members of the Security Council two of which permanent Members , which raises a fundamental matter of principle. Italy has always coherently held the view that the case of the marines trespasses the ambit of bilateral relations, s ince it concerns the compliance with international law, including the principles of freedom of navigation, exclusive jurisdiction of the flag State, immunity of State agents acting in their official capacity, and the efforts of the international community in the fight against piracy. In fact, I reassert that our marines were taking part in an anti-piracy mission in accordance with international law, the relevant UN Security Council resolutions and the Italian legislation enacting international anti-piracy norms, as the Government has affirmed in international fora. Therefore, we have constantly rejected the legitimacy of the jurisdiction of Indian judges and we have reiterated on several occasions that this jurisdiction is being exercised in contravention of the United Nations conventions on the law of the sea and of customary rules on functional immunity of State officials.