Enrica Lexie case: India to accept and abide international tribunal’s ruling

Enrica Lexie case: India to accept and abide international tribunal’s ruling

Part of: GS Prelims and Mains II – India and Italy ties; International organizations and conventions

In news:

• The Centre informed the Supreme Court that it has decided  to “accept and abide” by an international tribunal’s ruling that the Italian Marines enjoy immunity and are outside the jurisdiction of Indian courts.
• The government said – India is bound by the award of the arbitral tribunal formed under the United Nations Convention on the Law of the Sea (UNCLOS).
• According to Tribunal ruling – India is entitled to compensation for the loss of life. The Marines, who are now in Italy, will face criminal investigation there.

Government’s decision to accept the tribunal decision is in tune with Article 51(c) and (d) of the Constitution.

Article 51 – Promotion of international peace and security. The State shall endeavour to –

(a) promote international peace and security;

(b) maintain just and honourable relations between nations;

(c) foster respect for international law and treaty obligations in the dealings of organised peoples with one another; and 

(d) encourage settlement of international disputes by arbitration