The incident took place in the arabian sea on 15 february, 2012, when two indian. Aug 24, 20 enrica lexie has come up before the supreme court in two instances one the case of enrica lexie v. The enrica lexie case is an ongoing international controversy about a shooting that happened. In spite of the large amount of information about the events occurred on 15th february 2012 off the coast of southern india the fragmented and unverifiable data coming from various sources make very difficult to carry out technical surveys having legal validity. Apr 29, 2016 the first part is the issue of what india communicated to the enrica lexie at the time. This web site deals the story of the two italian marines in the last four years in judicial custody in india, accused of killing two fishermen during an antipiracy escort service. Apr 17, 2020 case commentary of enrica lexie case author. The case, regarding the alleged murder of two indian fishermen at sea at the hands of two italian marines on board the m.
Mortified by the shooting of two fishermen by italian marines on board the oil tanker off its coast, where the citizens of india who concerned for their safety while read more about case commentary of enrica lexie case. Disagreements about the exercise of jurisdiction over the case and about the applicable rules of international law have hindered the solution of the controversy. The eu has consistently called for a mutually agreeable solution, in the interest of both italy and india, based on international law. A list of cases in which the parties have agreed to release public information about the case is included below. In its conclusion, it will discuss the role of considerations of humanity in the case law of law of the sea tribunals, submitting that the enrica lexie case constitutes a test for such concept and an occasion for. The high risk area formulation led to a ballooning of insurance costs. Jurisdictional and immunity issues in the story of enrica lexie. Indian coastal police were alerted that two crew members of stantony, an indian fishing trawler engaged in commercial fishing related activities had. As you are all aware, the arbitral tribunal in the arbitration concerning the enrica lexie incident gave its order today.
Provisional measures, issued in the context of arbitration, have. A legal analysis of a dispute awaiting arbitration name. The enrica lexie is an italianflagged tanker, which in addition to a crew, had a detachment of six italian marines on board to deter pirate attacks. Public health this script is an analysis of a critical incident which occurred during a home visit in one of the. In the year 2012 one such incident happened in the. Enrica lexie case research on the enrica lexie case italy vs india and prepare a small memorandum that you will be requested to use for oral pleading in favor of one of the two parties. India alleged that the two italian marines aboard the italianflagged commercial oil tanker mv enrica lexie. Technical analysis and observations about the case of the oil tanker enrica lexie and of the two italian marines massimiliano latorre and salvatore girone jailed in. Enrica lexie case materials transferred to supreme court. The enrica lexie incident, italy v india, order, provisional measures, itlos case no 24, icgj 499 itlos 2015, 24th august 2015, international tribunal for the law of the sea itlos published on by oxford university press.
Italian marines trial a test case for maritime sector. Revisiting jurisdiction over the enrica lexie incident. And second, i have highlighted the fact that forensic and ballistic analysis has linked the shrapnel, found in the dead bodies of the slain indian fishermen, to the ammunition and weapons belonging to the vpd marines onboard the enrica lexie which also no one can dispute in light of the alessandro piroli report and indian court documents. Enrica lexie called olympic sky since 20 is an italian aframax oiltanker. The proposed solution would be a balancing of humanitarian. If we look into the context of maritime law several incidents can be seen where a foreign vessel has violated certain rules and regulation of another country, on voyage. Jurisdictional issues italy maintained that india had no jurisdiction over. The enrica lexie was requested by india to proceed to kochi to assist in the investigation of an incident that the indian authorities, in their communication to the vessel, characterised as involving a firing on skiffs suspected of piracy. This decision was related to the wellknown enrica lexie case, which involved a dispute between italy and india regarding two italian marines for the alleged killing of two indian fishermen in 2012. Yet, no entente has been reached as the visions of these two states concerning the accident have proved to be irreconcilable. Remembering enrica lexie italian marines case on 8th.
Register to read the introduction the supreme court heard the writ petition already pending and the special leave petition together since the subject matter in the petitions for relief were the same. Technical analysis and observations about the case of the oil tanker enrica lexie and of the two italian marines massimiliano latorre and salvatore girone jailed in india and accused of the murder of two persons. Without going into too much detail, the permanent court of international justice ruled that the state most affected by the incident had jurisdiction over the investigation back then, it was turkey. Considerations of humanity in the enrica lexie case qil qdi. It is obvious that both the expert of each party and the. The enrica lexie incident occurred on 15 february 2012 when italian navy marines, onboard a privately owned italianflagged aframax oiltanker mt enrica lexie, opened fire on a fishing trawler. Mortified by the shooting of two fishermen by italian marines on board the oil tanker off its coast, where the citizens of india who concerned for their safety while read more about case commentary of enrica lexie.
Apr 26, 2019 kumar raha u, raju kd 2016 the enrica lexie case at the permanent court of arbitration. The first part is the issue of what india communicated to the enrica lexie at the time. Ma dissertation the enrica lexie incident case a legal analysis o. The ship from which the fishermen were fired upon was identified as the enrica lexie. Enrica lexie case write my essay i need help with my. This was the beginning of enrica lexie italian marines case, which sparked diplomatic tensions between india and italy. Now comes the case of the enrica lexie, which seems destined to test the lessons of lotus and the international maritime law it engendered the case even has its own wikipedia entry. Jul 09, 2018 in this article, neel vasant of sls, pune does a case analysis of enrica lexie case. Ma dissertation the enrica lexie incident case a legal. Lotus case facts and judgment, post lotus scenario, enrica lexie indias contention, itlos and the road beyond and the convention for the suppression of unlawful acts against the safety of maritime navigation 1988.
Following is the statement by official spokesperson of mea on the order by the arbitral tribunal in the enrica lexie incident. Enrica lexie, killing of indian fishermen and somali. Harisankar k s is assistant professor of law, national law university jodhpur, india. Mar 14, 2012 an interesting and exceedingly similar case to that of the enrica lexie has previously been adjudicated by the permanent court of international justice in the case of the ss lotus, france v. Shortly after the incident, the indian navy intercepted the mv enrica lexie and detained the two italian marines.
In this blogpost, rounak biswas, student of symbiosis law school, pune and the diploma in entrepreneurship administration and business laws by nujs, writes about, s. Enrica lexie, a privately owned italian oil tanker, has had profound political and diplomatic repercussions on the relations between the governments of the two states3 and even on those between india and europe. Current issues of international law of the sea awaiting the enrica. The enrica lexie case is a n ongoing international dispute concerning the killing of two indian fishermen that were on board the indian fishing boat st. Dr catriona drew ma in international studies and diplomacy word count. On 15 february 2012, two indian fishermen were killed off the coast of kerala, india, aboard the st. International tribunal order on provisional measures in mv. Supreme court allows the vessel, enrica lexie, to leave india, along with the crew and the remaining marines.
The killing of two innocent fisherman by two marines aboard the italian tanker enrica lexie, has resulted in nationalist sentiments being raised on both sides. From annex3 charge sheet italy appealed, before the indian supreme court, against the applicability of sua act on the case enrica lexie. The ss lotus case is however good law in so far as the general principles it lays down only not with regard to collisions. The enrica lexie is italian flagged thus, in accordance with the u. Union of india, which is the case dealing with the allimportant issue of jurisdiction for the trial of the marines. Our study reveals that the notion of article 290that the interests of both parties must be assuredhas been complied with by the innovative order of the pca tribunal. Manuele scardaccio the enrica lexie incident of 15 february 2012, off the coast. Enrica lexie case continues enrica lexie case rumbles on, six years later. Editorial analysis a case of a maritime presence adrift. Abstract the enrica lexie incident shook both the countries. In this article, neel vasant of sls, pune does a case analysis of enrica lexie case.
The enrica lexie dispute article 290 of the united nations convention on the law of the sea empowers an international court or tribunal having jurisdiction under part xv to prescribe provisional measures pending the final decision of a dispute on the merits. In the case of mt enrica lexie, the police officer in course of investigation can seize any property under section 102 if such property is alleged to be stolen or is suspected to be stolen or is the object of the crime under investigation or has direct link with the commission of offence for which the police officer is investigating. The italian ship leaves indian waters after furnishing a. Antony as a pirate boat and indiscriminately fired upon it. It took great efforts to revoke the promulgation and negate the financial. What should have been a simple matter of who has legal jurisdiction to try the two, has now been escalated to a diplomatic issue.
Jurisdictional and immunity issues in the story of enrica. Setting the stage for trial in the enrica lexie ship case, two italian marines charged with shooting to death two indian fishermen off kerala coast will be produced in the district and sessions court here tomorrow. This case, which began in 2012, has been contested in various courts. Vessel protection detachments and maritime security. The enrica lexie case5 gains huge significance in this context as the said case aptly brings out the confusion between vpds and pcasps, particularly in light of functional immunity, a highly important aspect of international law. In 2012, the ship was involved in the shooting of two indian fisherman in the laccadive sea. India alleged that the two italian marines aboard the italianflagged commercial oil tanker mv enrica lexie killed the fishermen. The provisional measures in the enrica lexie incident case. Here, it may be pertinent to undertake an interest analysis. This analysis also shows how the application of international law can easily provide an answer to severe interstate diplomatic crisis, such as the one which resulted from the enrica lexie case, even when it appears to be impossible to reach an agreement. Lexie and of the two italian marines massimiliano latorre and salvatore.
The enrica lexie incident discussed by douglas guilfoyle here on ejil. Ma dissertation the enrica lexie incident case a legal analysis of a dispute awaiting arbitration. Aug 24, 2015 marines in connection with the enrica lexie incident. In particular, acting as a lawyer of one of the parties, you will be requested to defend your clients position.
In addition, i suggest some possible outcomes of the case. This note examines the recent orders for provisional measures delivered by, both, the itlos and the pca arbitral tribunal under article 290 of the unclos in the enrica lexie case italy v india. May 28, 20 the case pertains to the shooting and killing of two indian fishermen by two italian marines from the ship enrica lexie on february 15, 2012. India and italy have both signed and ratified the 1988 sua convention requiring states parties to criminalize the enumerated offences from art. Convention of law of seas unclos, italy should try the two marines. In the case of the enrica lexie, it is clear the incident was not a collision or other navigational incident, but a shooting thereby removing the incident from the purview of article 97 of unclos. Kumar raha u, raju kd 2016 the enrica lexie case at the permanent court of arbitration. The enrica lexie case is of particular interest to the maritime community as it could potentially set a precedent to evaluate cases of fatal shootings involving privately contracted armed security. In the year 2012 one such incident happened in the territorial waters of our country, india. Pdf this article takes the developments from the enrica lexie case. The enrica lexie case at the permanent court of arbitration.
Technical analysis and observations about the case of the oil tanker enrica. A list of cases in which the parties have agreed to release public information about. A preliminary analysis raghavendra mishra 01 october 2015 on 24 august 2015, a 21member panel including judge adhoc from italy at the international tribunal of the law of the sea itlos pronounced its order on the italian request for provisional measures in the mv enrica lexie case. May 26, 2016 ma dissertation the enrica lexie incident case a legal analysis of a dispute awaiting arbitration 1. However, indias position is that under indian law and the convention for the suppression of unlawful acts of violence against the safety of maritime navigation sua convention, india has jurisdiction. Indian authorities affirmed the sua act applicability to enrica lexie case since 12 may 2012, as per the charge sheet final report to judges. The arbitral proceedings were instituted under the united nations convention on the law of the sea unclos on. Marines to be in court tomorrow for pretrial procedures 01 jun, 2012, 01.
Marines in connection with the enrica lexie incident. Mar 02, 2012 upon a closer analysis of the relevant international law, it is clear that italy and india have concurrent jurisdiction over the italian armed guards. Sessions judge p d rajan had issued the relevant warrant to prison authorities to produce the marines, latore massimilliano and salvatore girone, who are the first and. Ma dissertation the enrica lexie incident case a legal analysis of a dispute awaiting arbitration 1. If the incident had occurred outside the indian contiguous zone, as italy claims, it would be governed by the lotus case. The case pertains to the shooting and killing of two indian fishermen by two italian marines from the ship enrica lexie on february 15, 2012. This article was prompted by the italian governments recent decision to stop embarking vessel protection detachments vpds on board italian vessels. If we look into the context of maritime law several incidents. The enrica lexie shooting incident of 2012, off the coast of kerala was a direct fallout of the demarcation. The lexie claims it thought the fishermen were pirates. The order was rendered following a request for the prescription of provisional measures by italy, in accordance with article 2905 united. Enrica lexie has come up before the supreme court in two instances one the case of enrica lexie v. Three years have passed since the the enrica lexie case gave rise to the controversy between italy and india.
International court to hear case of italian marines accused of killing indian fishermen an. The order by itlos in the enrica lexie case has provided the first opportunity. The enrica lexie case is a perfect example of the efficacy of international law in resolving contentious matters. Nov 30, 2015 it will then look at the enrica lexie case and how the order deals with considerations of humanity in the present case. The pca is currently acting as registry in 4 interstate proceedings, 104 investorstate arbitrations, 53 cases under contracts involving a state or other public entity, and 2 other disputes. Citeseerx document details isaac councill, lee giles, pradeep teregowda. Two italian marines from vessel protection detachment vpd mistook an indian trawler st. International law and the peaceful settlement of interstate. International tribunal order on provisional measures in.
The order by the international tribunal for the law of the sea itlos or tribunal in the enrica lexie case has provided the first opportunity for judicial scrutiny of the dispute that has involved india and italy over the past four years. The republic of india the enrica lexie incident, pca case no. Whereas, on 21 july 2015, italy filed with the tribunal a request for the prescription of provisional measures hereinafter the request under article 290. With its conceptual epicenter being maritime piracy, the present research. The enrica lexie case is an ongoing international controversy about a shooting that happened off the western coast of india.