Skip to main content

Italy accuses India of violating international law in dispute over marines

By Harmeet Shah Singh and Jethro Mullen, CNN
March 20, 2013 -- Updated 0041 GMT (0841 HKT)
Keralan fishermen burn an effigy of the Indian prime minister on March 13 in protest of the government's handling of the situation.
Keralan fishermen burn an effigy of the Indian prime minister on March 13 in protest of the government's handling of the situation.
STORY HIGHLIGHTS
  • Rome says Indian actions breach the Vienna Convention on Diplomatic Relations
  • Two Italian sailors face trial in India in connection with the killings of 2 Indian fishermen
  • India's Supreme Court allowed the sailors to leave India on condition they would return
  • It's barring the Italian ambassador from leaving, since he said the sailors would return

New Delhi (CNN) -- A diplomatic showdown between Italy and India is escalating, with Rome saying that an Indian court order forbidding the Italian ambassador from leaving the South Asian country breaches international law.

The dispute centers on Italy's refusal to send back two of its marines who are due to face trial in India over accusations they killed two Indian fishermen off the country's coast last year.

Last month, the Indian Supreme Court allowed the two Italian sailors -- Massimiliano Latorre and Salvatore Girone -- to go back to Italy to participate in national elections after Ambassador Daniele Mancini gave assurances they would return in four weeks.

When the two sailors failed to come back last week, the court temporarily barred Mancini from leaving India and demanded an explanation from him.

On Monday, the court extended the travel ban until April 2. And Chief Justice Altamas Kabir suggested that by making a pledge before the court, Mancini had no immunity in the case, according to CNN affiliate IBN.

The Italian foreign ministry responded strongly to the court's actions.

"The decision by the Supreme Court to block our ambassador from leaving the country without the court's permission constitutes an evident violation of the Vienna Convention on Diplomatic Relations, which codifies universally recognized principals," the ministry said Monday.

Article 31 of the convention states that a diplomat enjoys immunity from the criminal, civil and administrative jurisdictions of the receiving state, except in certain cases related to private property, succession and unofficial professional and commercial activities.

India said last week that the court order restricting Mancini's movements didn't contravene the convention.

Opposing views

Italy insists the February 2012 shooting involving its marines happened in international waters and was therefore outside of Indian jurisdiction. Latorre and Girone say they mistook the fishermen for pirates.

Rome said last week that the two sailors wouldn't go back to India, calling the situation "an international dispute between the two states."

In its statement Monday, the Italian foreign ministry said it believes the case of the two sailors should be resolved under international law.

The case has fueled anger in New Delhi, with Prime Minister Manmohan Singh warning Rome of consequences.

"Our government has already made it clear that these actions of the government of Italy are not acceptable. They violate every rule of diplomatic discourse and call into question solemn commitments given by accredited representatives of a sovereign government to our supreme court," he said in parliament last week.

CNN's Harmeet Shah Singh reported from New Delhi, and Jethro Mullen reported and wrote from Hong Kong.

ADVERTISEMENT
Part of complete coverage on
May 16, 2013 -- Updated 1914 GMT (0314 HKT)
Boxing legend Manny Pacquiao is using his hero status to fight human trafficking in the Philippines, pushing for an anti-trafficking law.
May 16, 2013 -- Updated 2225 GMT (0625 HKT)
The U.N. says 70% of rapes committed in Somalia are carried out by men in military uniform. CNN's Nima Elbagir reports.
May 17, 2013 -- Updated 1238 GMT (2038 HKT)
Christiane Amanpour writes an open letter to girls of the world, saying it is time to end the discrimination against girls in education.
May 17, 2013 -- Updated 1912 GMT (0312 HKT)
Fans gasped when David Beckham wore a sarong. Then there was the nail polish and tattoos. But his masculinity was never in doubt.
May 17, 2013 -- Updated 1454 GMT (2254 HKT)
Albinos in Tanzania have been attacked and killed because some people believe their body parts bring good luck. But one albino is fighting back.
May 17, 2013 -- Updated 1250 GMT (2050 HKT)
Terrible results for Dell mean the future seems anything but bright for the PC industry despite a flurry of attempted innovations.
May 17, 2013 -- Updated 1600 GMT (0000 HKT)
Mario Balotelli has delivered his verdict on his time in the English Premier League -- the AC Milan striker couldn't be happier to have left England.
May 17, 2013 -- Updated 1104 GMT (1904 HKT)
If you thought Preakness was the poor sister to Kentucky Derby, think again. CNN brings you top five facts from the prestigious horse race.
May 15, 2013 -- Updated 2345 GMT (0745 HKT)
Natasha Kampusch was held for eight years in an Austrian man's basement. She talks about her road to recovery, exclusively to CNN.
May 15, 2013 -- Updated 2136 GMT (0536 HKT)
From her hospital bed, Reshma tells CNN about the 17 days she spent trapped under nine stories of rubble in Bangladesh.
May 16, 2013 -- Updated 2212 GMT (0612 HKT)
A room full of partygoers in San Francisco were given power over a cocktail-making robot controlled by their smartphones.
May 16, 2013 -- Updated 1557 GMT (2357 HKT)
The cast of "Star Trek Into Darkness" take a break from fighting space villains to answer questions from CNN iReporters.
May 16, 2013 -- Updated 1148 GMT (1948 HKT)
CNN brings you images capturing moments to remember. Look ahead to the future and chronicle our changing world.
ADVERTISEMENT