The Enrica Lexie Incident: seeing beyond the grey areas of international law

Gandhi, Manimuthu (2013) The Enrica Lexie Incident: seeing beyond the grey areas of international law. Indian Journal of International Law, 53. pp. 1-26. ISSN 0019-5294

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Abstract

The Enrica Lexie incident of 15 February 2012, off the coast of Kerala had attracted unprecedented media attention in India and abroad. The legal issues involved in bringing the Italian marines to justice for the killing of two Indian fishermen on board an Indian fishing boat in a shoot-out from Enrica Lexie, an Italian flagged commercial vessel, in the contiguous zone of India had been the subject matter of legal dispute before the Kerala High Court and the Supreme Court of India. The judgments of both Kerala High Court and the Supreme Court of India in regard to the Enrica Lexie incident dealt with the legal aspects of coastal state jurisdiction and the sovereign immunity available to the Italian marines under international law and the national law extensively. The views of the Supreme court on the coastal state jurisdiction with regard to Enrica Lexie incident appears to be final, despite the Court having allowed the Italian marines to re-agitate the jurisdiction issue in the Special Court, which will try the crimes committed by the Italian marines from Enrica Lexie . The investigation of the Enrica Lexie incident is now with the NIA and destined to go to the Special Court once the investigation is completed and charges are laid. This paper, therefore, deals only with the jurisdictional and other issues involving international law’s interface with municipal law as dealt by the Kerala High Court and the Supreme Court of India. The legal aspects of other post judgment developments such as Italy’s initial refusal to send back the Italian marines for trial in India and the consequential order of the Supreme Court restraining the movement of the Italian Ambassador outside India are also dealt with.

Item Type: Article
Keywords: Enrica Lexie | international law
Subjects: Social Sciences and humanities > Social Sciences > International Relations
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Arjun Dinesh
Date Deposited: 05 Jun 2022 10:21
Last Modified: 05 Jun 2022 10:21
URI: https://pure.jgu.edu.in/id/eprint/3188

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