Italian Marines Case Why in news? Sample Clauses

Italian Marines Case Why in news?. The Supreme Court ordered the closure of proceedings in India against two Italian marines, accused of killing two fishermen off the Kerala coast in February 2012. What was thePermanent Court of Arbitration ruling?  [Permanent Court of Arbitration - a tribunal under the UN Convention on the Law of the Sea]  The Permanent Court of Arbitration had clarified that India and Italy had concurrent jurisdiction to try the case.  However, it said that the Italian marines enjoyed immunity from Indian jurisdiction.  This is because they were acting on behalf of a state.  The UN tribunal had also ruled that the Indian fishing boat, St. Antony, and the victims were entitled to compensation.  This is on the ground that Xxxxxx Xxxxx had violated the boat‘s right of navigation under the Law of the Sea. What next?  The Supreme Court has issued the order of closure after Italy deposited compensation of Rs. 10 crore.  The two marines are now likely to face trial in Italy.  But as far as India is concerned, the monetary compensation may have to be treated as the only available form of closure for the moment.  The legal heirs of the two victims are likely to get Rs. 4 crore each, and the owner of the fishing vessel, Rs. 2 crore. Why is the delay?  India did not initially agree to Italy‘s offer of compensation and a trial in its own jurisdiction, which was what the UN tribunal‘s ruling also said.  Back then, many in India believed it was an act of wanton killing.  And those in Italy believed the fears of piracy were genuine.  Meanwhile, India‘s efforts to assert criminal jurisdiction succeeded in national courts.  In 2013, the SC ruled that prosecuting the marines was solely in the Union government‘s jurisdiction.  The NIA invoked the Suppression of Unlawful Acts against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act, 2002.  This stringent anti-piracy law gave way to Italy's concerns.  European nations objected to the trial taking place under this law that provided for the death penalty.  The provisions of the Act were dropped, but this led to significant delay in prosecuting the matter.  A lesson from theItalian marines case is that in such incidents,legal steps must go hand-in-hand with diplomatic effortsto find early resolution.
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