Italy launches International Arbitration in Enrica Lexie, refuses to return sailor

In something that can be described as only an increasing political tensionwith a legal background, the Italian government has decided to seek international arbitration in accordance with United National Convention on Law of the Sea, 1982 (UNCLOS) to resolve the Enrica Lexie issue even when Indian Courts are hearing the matter.

Italy’s Foreign Ministry released a statement that read, “The decision, which Parliament had called for, was taken at the conclusion of the necessary negotiating phase directly with India and facing the impossibility of reaching a solution to the dispute.”

Meanwhile, Massimiliano Latorre, one of the two Italian sailors who has been accused of killing Indian fishermen is in Italy after the Supreme Court of India had given him the permission to go for obtaining medical treatment but had said that the permission is valid only till July. However, the other sailor Salvatore Girone is currently in India

The Italians have also made it clear that Latorre will not be returning to India and have also sought return of Girone from India. The statement also read, "Italy will immediately ask the application of measures that will allow the permanence of Latorre in Italy and the return of Girone pending of the process of arbitration. On the Italian side, there will be an all-out effort to assert with the utmost determination the reasons underlying the known position on the Italian jurisdiction and immunity. Goal is the successful conclusion of the affair, which lasted far too long, our Marines to which the government renews its proximity."

The Statement released by a the Italy’s Foreign Ministry also states, "The government in the hours before the activation of the arbitration informed of the decision of the Presidents of the Foreign and Defence Commissions of theSenate and Chamber of Deputies."

You may read more of our previous coverage on the case here.