Topics Covered: Effect of policies and politics of developed and developing countries on India’s interests, Indian diaspora.
Supreme Court closes criminal case against Italian Marines:
Context:
The Supreme Court has closed a criminal case initiated against two Italian marines who killed two fishermen off the Kerala coast, setting the stage for the Italian government to try them in their own country as per an international tribunal award.
- It has also accepted the additional compensation of Rupees 10 crores offered by the Republic of Italy to the victims of the 2012 sea-firing incident which took place near Kerala coast.
The Government of India urged the Court to invoke the extraordinary power under Article 142 of the Constitution to quash the criminal cases against Marines, as the international tribunal under the United Nations Convention on Law of Seas had ruled that India lacks the jurisdiction to criminally prosecute them.
What had the tribunal held?
- In a close 3:2 vote, the tribunal ruled that the Italian marines enjoyed diplomatic immunity as Italian state officials under the United Nations Convention on the Law of Sea.
- Taking note of the “commitment expressed by Italy” to resume its criminal investigation into the incident, the tribunal said India must cease to exercise its jurisdiction.
Insta Curious:
What is Freedom of Navigation Operations? Read here
InstaLinks:
Prelims Link:
- PCA- composition, functions and members.
- What is UNCLOS?
- Articles 87, 90 and 100 of UNCLOS are related to?
- About International Tribunal for Law of the Sea (ITLOS).
- What is NIA?
- About the Permanent Court of Arbitration.
Mains Link:
Discuss the functions and significance of PCA.
Sources: the Hindu.
