International Law in Brief
PCA Releases Award in Enrica Lexie Incident Case
By: Emma Schoenberger | July 13, 2020 - 3:09pm
On July 2, 2020, the Permanent Court of Arbitration released an extract of its award in The Italian Republic v. The Republic of India, a case regarding the 2012 Enrica Lexie incident. Italy submitted that India had breached the 1982 United Nations Convention on the Law of the Sea (UNCLOS) in several ways, including “by interdicting the Enrica Lexie,” “investigating those on board,” and “exercis[ing] its criminal jurisdiction over” two Italian Marines. India asserted that the Tribunal did not have jurisdiction to decide this case and that Italy had committed several violations of UNCLOS “[b]y firing at the St Antony and killing two Indian fishermen on board.” The Tribunal found that India had not violated sections of Articles 87, 92, 97, and 100 as Italy contended; however, it ruled that “India is precluded from exercising its jurisdiction over the Marines” and must cease doing so as a form of sufficient remedy. It found that Italy had breached Articles 87 and 90 “by interfering with the navigation of the ‘St. Antony,’” but had not violated Articles 56, 58, or 88. Regarding compensation, the Tribunal found that “India is entitled to payment of compensation in connection with loss of life, physical harm, material damage to property … and moral harm suffered by the … crew members.”
The full judgment will be released at a later date.