In the case of killing of two fishermen by Italian marines in Kerala, the Central Government has filed an application in the Supreme Court and requested to close the hearing of the case. The central government has told the court that India has decided to uphold the UN Convention on the Law of the Sea (UNCLOS) as there can be no subsequent appeal and it is binding as per international arbitration rules. Therefore, the court should stop the pending hearing in this case.
In 2017, the Supreme Court had asked the government to keep the UNCLOS decision on record. The Central Government while filing its decision said that the court should settle the case. Earlier, the Supreme Court allowed both marines to go to Italy on the basis of conditions.
In fact, the Tribunal of the UN Convention on the Law of the Sea (UNCLOS) has said that the action of Indian authorities was correct under the rules of UNCLOS. According to Italian military officials, Italy, UNCLOS Articles 87 (1) (a) and 90, was preventing India's right to navigation. Both India and Italy had the right to act on this incident and also the legal right to file a criminal case against the Italian sailors.
The tribunal rejected the demand for compensation from India for the detention of both Italian sailors. But it was believed that these sailors had immunity from the proceedings of Indian courts because of working for the country. But India suffers damages for loss of life and property. The tribunal said that India and Italy can decide the amount of rajna after considering each other.
The case dates back to 2012 when Italian sailors Salvatore Girone and Massimilano Latore were accused of shooting two Indian fishermen at sea near Kerala. The biggest question in this case was jurisdiction. Italy said that this incident took place outside the maritime boundary of India but India raised questions on it. India also said that because the killed fishermen were Indians, the matter should be dealt with under Indian laws.