The controversial case that involved the killing of two Kerala fishermen by two Italian marines onboard MV Enrica Lexie nearly eight years ago concluded on 31 May 2020, in the Permanent Court of Arbitration. The implications of this decision, however, have gone largely unnoticed in India. Originally, only excerpts of this decision were released to the public, with the full arbitral award subject to a confidentiality review by the two nations.
The final award, published inconspicuously some weeks ago sans fanfare, presents a troubling picture. Departing from established doctrine and riddled with contradictions, the PCA’s award seems almost at pains to contrive a legal path to ensure that the Italian marines accused of murder do not have to ‘suffer’ through a trial in Indian courtrooms.
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Source: theprint.in