Closure, compensation: The Hindu Editorial on the closure of the Italian marines case
The HinduNine years after two Italian marines shot dead two fishermen off Kerala under the belief that they were pirates, the criminal proceedings against them are set to be formally closed. The Permanent Court of Arbitration, a tribunal under the United Nations Convention on the Law of the Sea, had last year ruled that even though India and Italy had concurrent jurisdiction to try the case, the marines — Salvatore Girone and Massimiliano Latorre — enjoyed immunity from Indian jurisdiction as they were acting on behalf of a state. The two marines are 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. India’s efforts to assert criminal jurisdiction succeeded in national courts, with the Supreme Court ruling in 2013 that prosecuting the marines, who had been brought into Indian waters from the Contiguous Zone, where the incident took place, was solely in the Union government’s jurisdiction.