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International Tribunal for the Law of the Sea, Case 24, The “Enrica Lexie” Incident (Italy v. India), Provisional Measures

International Tribunal for the Law of the Sea, Case 24, The “Enrica Lexie” Incident (Italy v.... * Professor, Department of Law, University of Genoa. The case at the basis of the order delivered by the International Tribunal for the Law of the Sea ( itlos ) on 24 August 2015 arose from the shooting and consequent death, on 15 February 2012, of two Indian fishermen (Valentine Jelastine and Ajeesh Pink) on board the Indian-flagged fishing boat St. Antony and the subsequent arrest and detention of two Italian marines deployed on board the Italian oil tanker Enrica Lexie to counter the risk of piracy attacks. Whilst it is accepted by all parties involved that the events took place in the Arabian Sea at about 20.5 nautical miles off the Indian coast, the Indian and Italian versions differ greatly as to many other aspects of the factual background. According to the former, the weapons fire that caused the death of the two fishermen came from two uniformed persons on board an oil tanker, later identified as Chief Master Sergeant Massimiliano Latorre and Sergeant Salvatore Girone. Police authorities recommended charges to be pressed against the two officers for various crimes, including murder. According to the Italian account, an unidentified craft was detected by the Enrica Lexie crew, http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Asia-Pacific Journal of Ocean Law and Policy Brill

International Tribunal for the Law of the Sea, Case 24, The “Enrica Lexie” Incident (Italy v. India), Provisional Measures

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Publisher
Brill
Copyright
© 2016 by Koninklijke Brill NV, Leiden, The Netherlands
Subject
Articles
ISSN
2451-9367
eISSN
2451-9391
DOI
10.1163/24519391-00101012
Publisher site
See Article on Publisher Site

Abstract

* Professor, Department of Law, University of Genoa. The case at the basis of the order delivered by the International Tribunal for the Law of the Sea ( itlos ) on 24 August 2015 arose from the shooting and consequent death, on 15 February 2012, of two Indian fishermen (Valentine Jelastine and Ajeesh Pink) on board the Indian-flagged fishing boat St. Antony and the subsequent arrest and detention of two Italian marines deployed on board the Italian oil tanker Enrica Lexie to counter the risk of piracy attacks. Whilst it is accepted by all parties involved that the events took place in the Arabian Sea at about 20.5 nautical miles off the Indian coast, the Indian and Italian versions differ greatly as to many other aspects of the factual background. According to the former, the weapons fire that caused the death of the two fishermen came from two uniformed persons on board an oil tanker, later identified as Chief Master Sergeant Massimiliano Latorre and Sergeant Salvatore Girone. Police authorities recommended charges to be pressed against the two officers for various crimes, including murder. According to the Italian account, an unidentified craft was detected by the Enrica Lexie crew,

Journal

Asia-Pacific Journal of Ocean Law and Policy – Brill

Published: Jun 3, 2016

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