Italy and India are presenting their arguments before the International Tribunal for the Law of Sea (ITLOS) at Hamburg over the 2012 incident in which two Italian marines on board the tanker Enrica Lexie opened fire on an Indian fishing vessel off the coast of Kerala, killing two Indian fishermen.
The ITLOS will provide a live webcast of Tuesday’s proceedings, where India and Italy will seek to counter the arguments put forward by each other on Monday.
As a party to the UN Convention on the Law of the Sea, India is obliged to accept Italy’s request for the dispute to be submitted to arbitration by a special arbitral panel to be set up for this purpose. Pending the disposition of the dispute by that panel, Italy wants the ITLOS to grant it provisional measures that will stop India from proceeding ay further with the case in its national courts and allow the two marines to remain in Italy. One of them is already back home on medical grounds; the other is on bail but prevented from leaving India.
India’s written response to Italy’s can be read here.
See also the analysis by Prof V.S. Mani: Italy Wants a UN Tribunal to Stop India from Trying its Marines. Here’s Why It’s Wrong.