The Enrica Lexie Incident: Law of the Sea and Immunity of State Officials Issues

The Enrica Lexie Incident: Law of the Sea and Immunity of State Officials Issues This article examines the case of the Enrica Lexie, a commercial ship having on board military personnel engaging in anti-piracy duties who was involved in an incident with persons on a fishing vessel off the Indian coast. It takes into consideration India’s claim to exercise its criminal jurisdiction over the Italian marines indicted of having killed two Indian fishermen, the judgments passed by India’s courts and the multiple aspects of the ensuing controversy between India and Italy. It is argued that the two marines enjoy functional immunity, even if it is admitted that India has jurisdiction over the case. The article concludes that new conventional law is needed for incidents like that of the Enrica Lexie paralleling Article 97 UNCLOS on collisions on the high seas. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The Italian Yearbook of International Law Online Brill

The Enrica Lexie Incident: Law of the Sea and Immunity of State Officials Issues

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Publisher
Brill
Copyright
Copyright 2013 by Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0391-5107
eISSN
2211-6133
D.O.I.
10.1163/22116133-02201002
Publisher site
See Article on Publisher Site

Abstract

This article examines the case of the Enrica Lexie, a commercial ship having on board military personnel engaging in anti-piracy duties who was involved in an incident with persons on a fishing vessel off the Indian coast. It takes into consideration India’s claim to exercise its criminal jurisdiction over the Italian marines indicted of having killed two Indian fishermen, the judgments passed by India’s courts and the multiple aspects of the ensuing controversy between India and Italy. It is argued that the two marines enjoy functional immunity, even if it is admitted that India has jurisdiction over the case. The article concludes that new conventional law is needed for incidents like that of the Enrica Lexie paralleling Article 97 UNCLOS on collisions on the high seas.

Journal

The Italian Yearbook of International Law OnlineBrill

Published: Jan 1, 2013

Keywords: piracy; jurisdiction on the high seas; functional immunities

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