The Centre has moved the Supreme Court seeking closure of judicial proceedings here against two Italian marines’ accused of killing two Indian fishermen, off the Kerala coast, saying that it has accepted the recent ruling of the Permanent Court of Arbitration (PCA) at the Hague which held that India is entitled to get compensation in the case but can't prosecute the marines due to official immunity enjoyed by them.

In February 2012, India had accused two Italian marines, Salvatore Girone and Massimiliano Latorre, on board the MV Enrica Lexie -- an Italian flagged oil tanker -- of killing two Indian fishermen who were on a fishing vessel off Kerala coast in India's Exclusive Economic Zone (EEZ).

In its application filed on Thursday in the pending case, the Centre told the top court, “The applicant states and submits that the Republic of India has taken a decision to accept and abide by the Award passed by the said Tribunal which would have the bearing on the continuance of present proceedings before this Court”.

The Centre said that the arbitration under United Nation Convention on the Law of Sea (UNCLOS), which was instituted on a request from the Republic of Italy has delivered its Award on May 21, 2020.

It said that the Tribunal upheld the conduct of Indian authorities with respect to the incident and highlighted the material and moral harm suffered by the Indian fishermen on board the St. Antony on February 15, 2012.

“It held that the actions of the Italian Marines breached India''s freedom and right of navigation under UNCLOS Article 87(1)(a) and 90,” the application said, adding, as argued by India, the Tribunal observed that, in principle, India and Italy had concurrent jurisdiction over the incident and a valid legal basis to institute criminal proceedings against the Marines.

The Centre said “However, it found that the immunities enjoyed by the Marines operate as an exception to the jurisdiction of the Indian courts and, hence, preclude India from exercising its jurisdiction over the Marines. The Tribunal also rejected Italy’s claim to compensation for the detention of the Marines”.

It said that the Tribunal took note of the commitment expressed by Italy to resume its criminal investigation into the events of February 15, 2012, and decided that India must take necessary steps to cease to exercise its criminal jurisdiction over the marines.

“The Tribunal decided that India is entitled to payment of compensation in connection with loss of life, physical harm, material damage to property and moral harm suffered by the captain and other crew members of “St. Antony". The Tribunal also held that the Parties are invited to consult with each other with a view to reaching agreement on the amount of compensation due to India,” the Centre said in its application.

The Centre said that the Tribunal also decided that it shall retain jurisdiction should either Party or both Parties wish to apply for a ruling from the Arbitral Tribunal in respect of the quantification of compensation due to India, and that, should no such application be received within one year after the date of the present Award, the proceedings shall be closed.

“India being a Party to the UNCLOS, in accordance with the provisions of the UNCLOS and the Rules of Procedure agreed by the Parties, the Award is final and without appeal and shall be complied with by the parties to the dispute (Article 11, Annex VII, UNCLOS)” it added.

The Centre placed the award on record with a prayer that the proceedings with regard to the incident dated February 15, 2012, be disposed of in conformity with the Award passed by the aforesaid Tribunal on May 21, 2020.

It sought disposal of the pending case before the top court in conformity with the award dated May 21, 2020.

Latorre, who had suffered a brain stroke on August 31, 2014, was first granted bail and allowed by the apex court on September 12, 2014, to go to Italy for four months and after that, extensions for his stay have been granted to him.

In Italy, Latorre had to undergo a heart surgery after which the top court had granted him an extension of his stay in his native country.

On September 28, 2016, the apex court had allowed Latorre to remain in his country till the international arbitral tribunal decided the jurisdictional issue.

On May 26, 2016, Girone was also granted bail with conditions and allowed by the top court to go to his country till the jurisdictional issue was decided.

The complaint against the marines was lodged by Freddy, the owner of the fishing boat ''St Antony'' in which the two Kerala fishermen were killed when the marines opened fire on them allegedly under the misconception that they were pirates.

The top court was earlier informed by the Centre that the international arbitral proceedings would be completed by December 2018 before the International Tribunal for Law of the Sea (ITLOS) in Germany.

The apex court had earlier stayed all criminal proceedings, including the trial of the two marines.

While allowing the joint request of India and Italy, the apex court had said the proceedings would remain stalled till the jurisdictional issue about which country has the right to conduct trial was decided through international arbitration.

The Centre has moved the Supreme Court seeking closure of judicial proceedings here against two Italian marines’ accused of killing two Indian fishermen, off the Kerala coast, saying that it has accepted the recent ruling of the Permanent Court of Arbitration (PCA) at the Hague which held that India is entitled to get compensation in the case but can't prosecute the marines due to official immunity enjoyed by them.

The Centre has moved the Supreme Court seeking closure of judicial proceedings here against two Italian marines’ accused of killing two Indian fishermen, off the Kerala coast, saying that it has accepted the recent ruling of the Permanent Court of Arbitration (PCA) at the Hague which held that India is entitled to get compensation in the case but can't prosecute the marines due to official immunity enjoyed by them. In February 2012, India had accused two Italian marines, Salvatore Girone and Massimiliano Latorre, on board the MV Enrica Lexie -- an Italian flagged oil tanker -- of killing two Indian fishermen who were on a fishing vessel off Kerala coast in India's Exclusive Economic Zone (EEZ). In its application filed on Thursday in the pending case, the Centre told the top court, “The applicant states and submits that the Republic of India has taken a decision to accept and abide by the Award passed by the said Tribunal which would have the bearing on the continuance of present proceedings before this Court”. The Centre said that the arbitration under United Nation Convention on the Law of Sea (UNCLOS), which was instituted on a request from the Republic of Italy has delivered its Award on May 21, 2020. It said that the Tribunal upheld the conduct of Indian authorities with respect to the incident and highlighted the material and moral harm suffered by the Indian fishermen on board the St. Antony on February 15, 2012. “It held that the actions of the Italian Marines breached India''s freedom and right of navigation under UNCLOS Article 87(1)(a) and 90,” the application said, adding, as argued by India, the Tribunal observed that, in principle, India and Italy had concurrent jurisdiction over the incident and a valid legal basis to institute criminal proceedings against the Marines. The Centre said “However, it found that the immunities enjoyed by the Marines operate as an exception to the jurisdiction of the Indian courts and, hence, preclude India from exercising its jurisdiction over the Marines. The Tribunal also rejected Italy’s claim to compensation for the detention of the Marines”. It said that the Tribunal took note of the commitment expressed by Italy to resume its criminal investigation into the events of February 15, 2012, and decided that India must take necessary steps to cease to exercise its criminal jurisdiction over the marines. “The Tribunal decided that India is entitled to payment of compensation in connection with loss of life, physical harm, material damage to property and moral harm suffered by the captain and other crew members of “St. Antony". The Tribunal also held that the Parties are invited to consult with each other with a view to reaching agreement on the amount of compensation due to India,” the Centre said in its application. The Centre said that the Tribunal also decided that it shall retain jurisdiction should either Party or both Parties wish to apply for a ruling from the Arbitral Tribunal in respect of the quantification of compensation due to India, and that, should no such application be received within one year after the date of the present Award, the proceedings shall be closed. “India being a Party to the UNCLOS, in accordance with the provisions of the UNCLOS and the Rules of Procedure agreed by the Parties, the Award is final and without appeal and shall be complied with by the parties to the dispute (Article 11, Annex VII, UNCLOS)” it added. The Centre placed the award on record with a prayer that the proceedings with regard to the incident dated February 15, 2012, be disposed of in conformity with the Award passed by the aforesaid Tribunal on May 21, 2020. It sought disposal of the pending case before the top court in conformity with the award dated May 21, 2020. Latorre, who had suffered a brain stroke on August 31, 2014, was first granted bail and allowed by the apex court on September 12, 2014, to go to Italy for four months and after that, extensions for his stay have been granted to him. In Italy, Latorre had to undergo a heart surgery after which the top court had granted him an extension of his stay in his native country. On September 28, 2016, the apex court had allowed Latorre to remain in his country till the international arbitral tribunal decided the jurisdictional issue. On May 26, 2016, Girone was also granted bail with conditions and allowed by the top court to go to his country till the jurisdictional issue was decided. The complaint against the marines was lodged by Freddy, the owner of the fishing boat ''St Antony'' in which the two Kerala fishermen were killed when the marines opened fire on them allegedly under the misconception that they were pirates. The top court was earlier informed by the Centre that the international arbitral proceedings would be completed by December 2018 before the International Tribunal for Law of the Sea (ITLOS) in Germany. The apex court had earlier stayed all criminal proceedings, including the trial of the two marines. While allowing the joint request of India and Italy, the apex court had said the proceedings would remain stalled till the jurisdictional issue about which country has the right to conduct trial was decided through international arbitration.

Centre moves SC for closure of case against Italian marines after International tribunal decision

An international tribunal is due to rule Saturday on a dispute over Russia's holding 24 Ukrainian sailors and three naval vessels seized off the Crimea peninsula late last year.

Judge Jin-Hyun Paik of the International Tribunal for the Law of the Sea in the German port city of Hamburg was scheduled to announce its decision at noon (1000 GMT).&nbsp;

The incident in November in the Kerch Strait was the most dangerous direct clash in years between Russia and its ex-Soviet neighbour, which have been locked in conflict for over five years.

Russia in March 2014 annexed Crimea, and since then fighting between pro-Russian separatists and Kiev government forces in Ukraine's east has claimed some 13,000 lives, according to UN figures.

Ukraine's former president Petro Poroshenko insisted the sailors were "prisoners of war" and described their detention as "blatant proof that Russia continues to show cynical disrespect for human rights".

Moscow has accused the sailors of violating its maritime borders, and lawyers have said they could face up to six years in prison.

Kiev on May 10 asked the international tribunal to order Russia to release the sailors and the Berdyansk, Nikopol and Yani Kapu vessels.

Ukrainian foreign ministry spokeswoman Kateryna Zelenko told AFP she hoped for judicial support to help "break the deadlock on the release of sailors and military vessels".

Russia has denied any wrongdoing and said it does not recognise the jurisdiction of the court, a body with 168 signatories created under the United Nations Convention on the Law of the Sea, over the case.

Bogdan Bezpalko, a member of the Kremlin's International Relations Committee, said recently on Sputnik Radio that "Russia has not violated international law; Russia has reacted to aggression against it."

Stalemate

Earlier this month Ukraine's deputy foreign minister Olena Zerkal, addressing the tribunal, described the sailors' detention as "an additional illustration of Russia's continued disrespect for international law".

"Each additional day of detention, each interrogation, each court case aggravates the dispute between the parties," she said.

Russia has argued that the rights of the Ukrainian sailors have been strictly observed, including access to legal aid and medical attention.

French President Emmanuel Macron and German Chancellor Angela Merkel jointly phoned Russian President Vladimir Putin on Tuesday to encourage him to resume the dialogue with Ukraine after the election of the new president, Volodymyr Zelensky.

US Secretary of State Mike Pompeo recently called on Moscow to show Zelensky a willingness to move toward "breaking the stalemate".

Pompeo said Washington "would in particular welcome the release of the Ukrainian crewmen detained near the Kerch Strait last year".

But since Zelensky was sworn in on Monday, tensions have risen with Moscow.

The new Ukrainian leader has urged Washington to impose more sanctions against Russia -- prompting a swift warning from the Kremlin that such action would not help end the war in the east.

An international tribunal is due to rule Saturday on a dispute over Russia's holding 24 Ukrainian sailors and three naval vessels seized off the Crimea peninsula late last year.

An international tribunal is due to rule Saturday on a dispute over Russia's holding 24 Ukrainian sailors and three naval vessels seized off the Crimea peninsula late last year. Judge Jin-Hyun Paik of the International Tribunal for the Law of the Sea in the German port city of Hamburg was scheduled to announce its decision at noon (1000 GMT). The incident in November in the Kerch Strait was the most dangerous direct clash in years between Russia and its ex-Soviet neighbour, which have been locked in conflict for over five years. Russia in March 2014 annexed Crimea, and since then fighting between pro-Russian separatists and Kiev government forces in Ukraine's east has claimed some 13,000 lives, according to UN figures. Ukraine's former president Petro Poroshenko insisted the sailors were "prisoners of war" and described their detention as "blatant proof that Russia continues to show cynical disrespect for human rights". Moscow has accused the sailors of violating its maritime borders, and lawyers have said they could face up to six years in prison. Kiev on May 10 asked the international tribunal to order Russia to release the sailors and the Berdyansk, Nikopol and Yani Kapu vessels. Ukrainian foreign ministry spokeswoman Kateryna Zelenko told AFP she hoped for judicial support to help "break the deadlock on the release of sailors and military vessels". Russia has denied any wrongdoing and said it does not recognise the jurisdiction of the court, a body with 168 signatories created under the United Nations Convention on the Law of the Sea, over the case. Bogdan Bezpalko, a member of the Kremlin's International Relations Committee, said recently on Sputnik Radio that "Russia has not violated international law; Russia has reacted to aggression against it." Stalemate Earlier this month Ukraine's deputy foreign minister Olena Zerkal, addressing the tribunal, described the sailors' detention as "an additional illustration of Russia's continued disrespect for international law". "Each additional day of detention, each interrogation, each court case aggravates the dispute between the parties," she said. Russia has argued that the rights of the Ukrainian sailors have been strictly observed, including access to legal aid and medical attention. French President Emmanuel Macron and German Chancellor Angela Merkel jointly phoned Russian President Vladimir Putin on Tuesday to encourage him to resume the dialogue with Ukraine after the election of the new president, Volodymyr Zelensky. US Secretary of State Mike Pompeo recently called on Moscow to show Zelensky a willingness to move toward "breaking the stalemate". Pompeo said Washington "would in particular welcome the release of the Ukrainian crewmen detained near the Kerch Strait last year". But since Zelensky was sworn in on Monday, tensions have risen with Moscow. The new Ukrainian leader has urged Washington to impose more sanctions against Russia -- prompting a swift warning from the Kremlin that such action would not help end the war in the east.

Global court to rule on Russia's detention of Ukrainian sailors

Ukraine called on Friday before an international tribunal for the "urgent" release of its sailors held by Russia since their International Tribunal was captured off Crimea last November.

The diplomatic incident has heightened tensions between the neighbours locked in conflict for the last five years.

Ukraine's deputy foreign minister Olena Zerkal, addressing the International Tribunal for the Law of the Sea in the German city of Hamburg, called for the immediate release of the 24 sailors being held in Moscow.

Russia accuses the Ukrainian sailors of violating its maritime borders.

Last November, Russia opened fire upon, then captured the sailors manning three Ukrainian vessels off Crimea, which were trying to pass through the Kerch Strait from the Black Sea to the Sea of Azov.

Zerkal described the sailors' continued detention as "just an additional illustration of Russia's continued disrespect for international law".

"From the moment of the detentions, Ukraine has worked urgently to solve this matter", said Zerkal who insisted her country has given "Russia every opportunity to settle the issue by diplomatic means".

She described Russia's conduct as "a profound violation" of "international law" and demanded the "urgent" release of the sailors.

"Each additional day of detentions, each interrogation, each court case aggravates the dispute between the parties".

Russia did not send representatives to the hearing in Hamburg as it does not recognise the court's jurisdiction. Zerkal greeted its absence with "regret".

Outgoing Ukrainian President Petro Poroshenko has insisted the sailors are "prisoners of war" and described their detention as "blatant proof that Russia continues to show cynical disrespect for human rights".

"We expect that in a matter of weeks the Tribunal will oblige Russia to release our sailors and Ukrainian ships, and its actions will be considered illegitimate," Poroshenko said in a statement last month.

"Russia still has a chance to free our sailors and ships without waiting for the formal recognition of the international crime committed by the Kremlin."

The Ukrainian sailors face up to six years in prison for illegally crossing Russian borders, lawyers have said.

Critics of the Kremlin have accused Russia of preparing a show trial.

The capture of the Ukrainian ships was the most dangerous direct clash in years between the ex-Soviet neighbours.

They have been locked in a confrontation since 2014 when Russia annexed Crimea and supported an insurgency in eastern Ukraine. More than 10,000 people have been killed in the conflict.

Ukraine called on Friday before an international tribunal for the "urgent" release of its sailors held by Russia since their International Tribunal was captured off Crimea last November.

Ukraine called on Friday before an international tribunal for the "urgent" release of its sailors held by Russia since their International Tribunal was captured off Crimea last November. The diplomatic incident has heightened tensions between the neighbours locked in conflict for the last five years. Ukraine's deputy foreign minister Olena Zerkal, addressing the International Tribunal for the Law of the Sea in the German city of Hamburg, called for the immediate release of the 24 sailors being held in Moscow. Russia accuses the Ukrainian sailors of violating its maritime borders. Last November, Russia opened fire upon, then captured the sailors manning three Ukrainian vessels off Crimea, which were trying to pass through the Kerch Strait from the Black Sea to the Sea of Azov. Zerkal described the sailors' continued detention as "just an additional illustration of Russia's continued disrespect for international law". "From the moment of the detentions, Ukraine has worked urgently to solve this matter", said Zerkal who insisted her country has given "Russia every opportunity to settle the issue by diplomatic means". She described Russia's conduct as "a profound violation" of "international law" and demanded the "urgent" release of the sailors. "Each additional day of detentions, each interrogation, each court case aggravates the dispute between the parties". Russia did not send representatives to the hearing in Hamburg as it does not recognise the court's jurisdiction. Zerkal greeted its absence with "regret". Outgoing Ukrainian President Petro Poroshenko has insisted the sailors are "prisoners of war" and described their detention as "blatant proof that Russia continues to show cynical disrespect for human rights". "We expect that in a matter of weeks the Tribunal will oblige Russia to release our sailors and Ukrainian ships, and its actions will be considered illegitimate," Poroshenko said in a statement last month. "Russia still has a chance to free our sailors and ships without waiting for the formal recognition of the international crime committed by the Kremlin." The Ukrainian sailors face up to six years in prison for illegally crossing Russian borders, lawyers have said. Critics of the Kremlin have accused Russia of preparing a show trial. The capture of the Ukrainian ships was the most dangerous direct clash in years between the ex-Soviet neighbours. They have been locked in a confrontation since 2014 when Russia annexed Crimea and supported an insurgency in eastern Ukraine. More than 10,000 people have been killed in the conflict.

Ukraine demands release of navy sailors held by Russia

Philippine President Rodrigo Duterte on Tuesday offered China conciliatory talks on a long-awaited international tribunal ruling over Beijing&#39;s maritime claims, a week before the verdict. 
 
Duterte, who was sworn into office last week, said he was optimistic that the UN-backed tribunal in the Hague would rule in the favour of the Philippines. 
 
&quot;If it&#39;s favourable to us, let&#39;s talk,&quot; Duterte said in a speech before the Philippine Air Force at the former US military base of Clark, about an hour&#39;s drive from the capital Manila. 
 
An international tribunal will rule on July 12 in a case the Philippines brought challenging China&#39;s claims to most of the strategically vital South China Sea. 
 
China&#39;s claims extend even close to the coasts of the Philippines and other Southeast Asian nations. 
 
China has said it would reject the ruling and refused to recognise the Permanent Court of Arbitration&#39;s jurisdiction over the issue. 
 
Duterte has said he would not &#39;taunt or flaunt&#39; a favourable ruling 
 
Duterte has said he wants friendly relations with China, a departure from his predecessor Benigno Aquino who angered Beijing by launching the legal action and strengthening ties with the Philippines&#39; longtime ally the United States. 
 
Aquino&#39;s government argued that China&#39;s claims to most of the South China Sea and its massive island-building programme in the disputed waters violated international law. 
 
Aquino had refused to hold direct talks with China on the issue, pointing to Beijing&#39;s insistence that its claims were indisputable and thus there was nothing to negotiate. 
 
Aquino had also feared negotiations would disadvantage the Philippines, which has far fewer diplomatic resources. 
 
In contrast, Duterte had previously said he was open to talks with China, and even joint ventures to share resources in the sea. 
 
But Tuesday&#39;s comments were the first since becoming president confirming he was open to talks, which have long been favoured by China because of its perceived advantage. 
 
After assuming the presidency, Duterte had said that he would not &quot;taunt or flaunt&quot; a favourable ruling. 
 
Ahead of the ruling, Chinese President Xi Jinping said Beijing was &quot;not afraid of trouble&quot; while state-run media urged China to prepare for &quot;military confrontation&quot; in the disputed waters. 
 
Duterte on Tuesday reiterated he was against any armed conflict. 
 
&quot;We are not prepared to go to war. War is a dirty word,&quot; Duterte said. 
 
He added that even if the tribunal rules against the Philippines, his administration would accept the judgment. 
 
&quot;We will proceed accordingly. We will always decide for the greater interest of our country.&quot; 
 
The sea is the main maritime link between the Pacific and Indian oceans, where over $5 trillion in ship-borne trade passes annually. 
 
Taiwan, Vietnam, Malaysia and Brunei also have overlapping claims to the waters, which are believed to sit atop vast mineral reserves. 
 
(AFP)

Duterte has said he wants friendly relations with China, a departure from his predecessor Benigno Aquino

Philippine President Rodrigo Duterte on Tuesday offered China conciliatory talks on a long-awaited international tribunal ruling over Beijing's maritime claims, a week before the verdict. Duterte, who was sworn into office last week, said he was optimistic that the UN-backed tribunal in the Hague would rule in the favour of the Philippines. "If it's favourable to us, let's talk," Duterte said in a speech before the Philippine Air Force at the former US military base of Clark, about an hour's drive from the capital Manila. An international tribunal will rule on July 12 in a case the Philippines brought challenging China's claims to most of the strategically vital South China Sea. China's claims extend even close to the coasts of the Philippines and other Southeast Asian nations. China has said it would reject the ruling and refused to recognise the Permanent Court of Arbitration's jurisdiction over the issue. Duterte has said he would not 'taunt or flaunt' a favourable ruling Duterte has said he wants friendly relations with China, a departure from his predecessor Benigno Aquino who angered Beijing by launching the legal action and strengthening ties with the Philippines' longtime ally the United States. Aquino's government argued that China's claims to most of the South China Sea and its massive island-building programme in the disputed waters violated international law. Aquino had refused to hold direct talks with China on the issue, pointing to Beijing's insistence that its claims were indisputable and thus there was nothing to negotiate. Aquino had also feared negotiations would disadvantage the Philippines, which has far fewer diplomatic resources. In contrast, Duterte had previously said he was open to talks with China, and even joint ventures to share resources in the sea. But Tuesday's comments were the first since becoming president confirming he was open to talks, which have long been favoured by China because of its perceived advantage. After assuming the presidency, Duterte had said that he would not "taunt or flaunt" a favourable ruling. Ahead of the ruling, Chinese President Xi Jinping said Beijing was "not afraid of trouble" while state-run media urged China to prepare for "military confrontation" in the disputed waters. Duterte on Tuesday reiterated he was against any armed conflict. "We are not prepared to go to war. War is a dirty word," Duterte said. He added that even if the tribunal rules against the Philippines, his administration would accept the judgment. "We will proceed accordingly. We will always decide for the greater interest of our country." The sea is the main maritime link between the Pacific and Indian oceans, where over $5 trillion in ship-borne trade passes annually. Taiwan, Vietnam, Malaysia and Brunei also have overlapping claims to the waters, which are believed to sit atop vast mineral reserves. (AFP)

Philippines President offers China conciliatory talks over maritime claims

international-tribunal

International Tribunal, News on International Tribunal, stories on International Tribunal, articles on International Tribunal, International Tribunal stories at Wion, International Tribunal news, International Tribunal latest news