Saturday, March 30, 2013

Italian Marines

First issue is that of jurisdiction. To a lay man like me the UNCLOS and Maritime Zone Act clearly shows that the jurisdiction of a country extends only up 12 NM from the base line. Criminal laws cannot be applied there. This shooting was on suspected pirates which unfortunately turned out to be not so is a clear criminal act and nothing to do with security of India. The marines should be tried for homicide as per the law and since it is out of territorial waters of India it should be done by Italy as per International laws. As regards the issue of Italy first refusing to send back the marines and later agreeing to send them is a diplomatic faux pas. Ambassadors diplomatic immunity cannot be questioned at all. He has stood surety on behalf of his country Italy. It is not in his personal capacity. If he has asked Supreme Court to allow the marines to go to Italy it was because the marines were under the care of SC and not he was submitting to the jurisdiction of SC. So his immunity is intact. Supreme Court should not have taken the assurance as he was immune and taken some other surety to ensure the marines return. People are arguing that Mancini has lost his immunity when he applied for the temporary release of the marines. Mancini could loose his immunity in an imagingary case like this. Suppose his car was hit by another car in the market or vice versa and assume there was some argument with the driver of the other car. If during that if Mancini had hit the other one and he hit back. If Mancini goes to an Indian court he will lose his immunity for that particular case as he has submitted himself to the Indian law. Here he has given assurance on behalf of Italy and he cannot be touched without crossing the Vienna Convention.

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