Groningen Journal of International Law

International Law Under Construction

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The Enrica Lexie Incident: The Jurisdiction Clause Marooned

Pranay Lekhi

On 2 July 2020, an Arbitral Tribunal under Annex VII of the United Nations Convention on the Law of Seas (UNCLOS) published a redacted dispositf in “The Enrica Lexie Incident” between India and Italy. Since then the final Award of 21 May 2020 has become publicly available.The dispute pertained to the killing of two Indian fishermen on board an Indian vessel named the “St. Antony” by two Italian marines aboard an oil tanker flying the Italian flag called the “Enrica Lexie” (Award, paras 77-117). The incident led to India exercising criminal jurisdiction over the Italian marines, which was disputed by Italy inter alia on the grounds that India acted inconsistently with the UNCLOS as the marines had immunity by virtue of being “Italian State officials exercising official functions” (Award, para 732). Continue reading