Enrica lexie case edit classic editor a senior indian government official is reported to have accused the maritime industry of causing the enrica lexie incident commenting that it was a direct result of the high risk area for piracy extending to the indian coastline. The enrica lexie incident occurred on 15 february 2012 when italian navy marines, on-board a privately owned italian-flagged aframax oil-tanker mt enrica lexie, opened fire on a approaching boat indian coastal police were alerted that two crew members of st-antony, an indian fishing trawler had been killed by gunfire from an oil-tanker. Running with the hare and hunting with the hounds - the indian government's game plan in enrica lexie incident (author is a lecturer for law of the sea and maritime law, national university for advanced legal studies, kochi. The controversies arising from the enrica lexie incident, the opposing positions maintained by the two states and some problematic aspects concerning the interpretation of the united nations convention for the law of the sea and other related sources of the law of the sea.
Incident approximately 205 nautical miles off the coast of india involving the mv enrica lexie, an oil tanker flying the italian flag, and india’s subsequent exercise of criminal jurisdiction over two italian. Author name: hinailiyas deals with the adjudication issue related to the enrica lexie incident who can adjudicate enrica lexie incident on february 15th 2012 while the italian flagged mv enrica lexie was sailing with on board an italian military protection detachment in transit along the indian coast, close to the outer border of the indian contiguous zone and within the exclusive economic. Approximately 20 nm off the coast of kerala, india there was some sort of incident involving the enrica lexie and the st anthony, a fishing vessel registered in india the crew of the enrica lexie considered that the st anthony’s approach was consistent with that of a pirate attack.
6 (a) the tribunal observed that, ‘there is a dispute between them [italy and india] on matters of fact and law relating to the enrica lexie incident’ ‘a dispute appears to exist between the parties concerning the interpretation or application. On 29 april 2016, the arbitral tribunal in the arbitration concerning the “enrica lexie” incident (italy v india) adopted its order in respect of a request by italy for the prescription of provisional measures. The enrica lexie case up for arbitration, after more than two years of delays more than two calendar years have elapsed since the enrica lexie incident occurred, and the matter is still far from being handled the way the international maritime and legal community had reasonably expected.
In the case of the enrica lexie, it is clear the incident was not a collision or other navigational incident, but a shooting – thereby removing the incident from the purview of article 97 of unclos. : additional solicitor-general harin raval informs the supreme court that enrica lexie, was not in indian waters when the shooting incident occurred. The italian soldiers were on board of an italian oil tanker, the mv enrica lexie the circumstances of the incident continue to be murky italian authorities called the deaths a tragic error.
There has been considerable public interest in a recent incident off the coast of india where an italian vessel protection detachment (vpd) of italian marines shot and killed two indians aboard a fishing vessel whom they apparently mistook for pirates jurisdiction over the incident has been contested by the two nations and the facts are. The enrica lexie incident that occurred in february last year, brought to light various law points which left the international jurists pondering here’s a simple explanation of the case as it stands now. Enrica lexie matter is an opportunity for international law mylaw april 19, 2013 7 min read mentions “collision or any other incident of navigation” in article 97 but it is difficult to ascertain whether the enrica lexie incident would come within the ambit of that provision.
Italy argues that what the enrica lexie was involved in off the coast of india was an “incident of navigation concerning a ship on the high seas”, but was it really that. Other’s who have chipped in with their opinions include meghnad desai (comparing the enrica lexie incident to the one involving indian children being taken into care by norway, he asks: “[b]ut the two disputes do pose a paradox in justice if we apply domestic law, the italian naval personnel are to be tried in a kerala court. Enrica lexie (called olympic sky since 2013) is an italian aframax oil-tanker in 2012, the ship was involved in the shooting of two indian fisherman in the laccadive sea. The two italian marines, massimiliano latorre (l) and salvatore girone, shown in kochi, india on dec 18, 2012 awaiting their return to italy for the holidays.
The enrica lexie incident, where two indian fishermen were killed by marines on board the italian vessel (who took the fishermen to be pirates) has stoked passions in both countries. Media in category enrica lexie incident the following 4 files are in this category, out of 4 total. In this article, neel vasant of sls, pune does a case analysis of enrica lexie case if we look into the context of maritime law several incidents can be seen where a foreign vessel has violated certain rules and regulation of another country, on voyage in the year 2012 one such incident happened in the [. Republic of italy has approached the international tribunal for the law of sea (itlos) against india for the adjudication of the dispute over the enrica lexie incident, also known as the italian marines caseitaly has invoked itlos’s jurisdiction under the united nations convention on the law of the sea (“unclos”.