- Said, we have accepted the decision of the International Tribunal
- It is binding as per international arbitration rules.
- Supreme Court will hear this matter next week
In the Italian marines case, the central government Supreme Court Has demanded to stop hearing, SC will hear about this next week. Solicitor General (SG) Tushar Mehta said that the order has been followed in this case. The matter remains between India and Italy, so the pending petition should be disposed of. On this, CJI SA Bobde said that he will hear next week. During the hearing of the case, the Center said that as per the court order, compensation has been given to the victims’ families. The case is about the killing of two fishermen by Italian marines in Kerala. Earlier, the Central Government had filed an application in the Supreme Court and requested to stop the hearing of the case.
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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 appeal thereafter 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.
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Earlier, the Supreme Court had allowed both the 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 actions of Indian officials were correct under the rules of UNCLOS. According to Italian military authorities, Italy, UNCLOS Articles 87 (1) (a) and 90, was preventing India’s right to navigation. Both India and Italy had the right to take action 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 admitted that there was ‘immunity’ from the action of the Indian courts due to these sailors working for the country, but India was known. Damages are made for loss of goods. The tribunal said that India and Italy can decide the amount of damages after considering each other.
The case for the year 2012 is: The case dates back to 2012 when Italian sailors Salvatore Girone and Massimilano Latore were accused of shooting two Indian fishermen in the 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 case should be settled under Indian laws.