The Law of the Sea applied to the Mar case - Research Paper Example

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The case revolves around a situation where allegedly the Italian military guards shot and killed two Indian men supposing that they posed them a threat as pirates. Country between India and…
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The Law of the Sea applied to the Mar case
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Download file to see previous pages rgument that the vessels were in their territorial waters when the incident occurred, Italy on the other hand argues the vessels were in the high seas. There is therefore a deadlock on how international law should be applied in this case.
It is worth noting the fact that the two countries are parties to the United Nations Convention to the Law of the Sea (UNCLOS). This law is found to codify much on modern international law that is presumed to cover most of the aspects that create a dispute between the two countries. This convention is therefore of use when determining the aspects like that of which country should have jurisdiction over this case. For example, article 111 of the convention gives a mention of all the conditions under which it is prudent for a given country to stop a vessel from another country while on the high seas (Chaturvedi).
According to this jurisdiction, India may be found to possess jurisdiction over the case but the argument is that the two marines enjoy what is called functional immunity. There is therefore a likelihood of a conflict between Marò Case and the convention. The facts Of the case are that on the specified date the ship carrying the Italians and was on its way to Djibouti from Singapore was approached by a vessel off the coast of Kerala India. This ship was flying an Italian flag and had in it six Italian marines and according to the Italian government, these men wearing the Italian uniform are mandated with the task of protecting vessels with the Italian flag from any form of Pirate attacks while at sea. With this spirit, it is noted that the Italian vessels demanded for identification of the vessels, which was approaching them (Anand p.g. 250). In addition, they demanded that it leaves its path.
The Italians further argument is that they fired at the approaching vessels as an intimidation tactic and they claim to have made the shots in water. This means that the shots were not directed to anyone specific and that no one ...Download file to see next pagesRead More
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