Dialogue of the deaf between New Delhi and Rome (update)

(BRUSSELS2) The affair of the marines of the Enrica Lexie led to a new spike in tension between India and Italy. The self-release of the two marines angered the Indian government. The Supreme Court ruled Thursday (March 14) that Italian Ambassador Daniele Mancini had violated his oath and ordered an exit ban. He is therefore consigned to his residence. The order was notified to all airports in the country on Friday (March 15). Indian Supreme Court Chief Justice Altamas Kabir said on Monday (18 March) that the ambassador's commitment to the court had thereby waived his immunity. A position confirmed by the Indian Ministry of Foreign Affairs. And the Indian lawyer for Italy withdrew on Monday, believing he had been duped, as he indicated to the Times of India.

Talk please, they say in Brussels

On the European side, we are not very embarrassed by the turn of events. The European ambassador in New Delhi was also summoned - "invited" - to the Ministry of Foreign Affairs to be explained the position of the Indian government. " As we have been saying since the beginning of the file, we encourage Italy and India to find a satisfactory solution for both parties, based on the UN Convention on the Law of the Sea and international law, by exploring all ways for an amicable solution explains the spokesperson for Cathy Ashton, the EU High Representative for Foreign Affairs. He also clarified that the " Vienna Convention (on the protection of diplomats) had to be respected "" By all parties he added after a question from one of my Italian colleagues.

Comment: it could be interesting for the European Union to offer its arbitration in the situation which seems blocked. The two marines must be judged because there was, in the end, a fatal act. And this one can be called unintentional. But this judgment could take place in a country other than their own in order to be able to guarantee a certain diplomatic "serenity" and justice. It would also be desirable for India to explain the "robust" actions it has taken in the fight against pirates which have resulted in the death of several people who were not pirates. A "European" ship intervened at least once to bring relief to the victims.

Read also: The marines make the beautiful… A return to the country “on instruction”

(Updated) The Foreign Office summarized its position in a statement released on Monday.

• Violation of international law: “ Italy continues to believe that the case of its two (Fusiliers) Marines should be settled in accordance with international law. In this sense, we propose to submit to arbitration or another jurisdictional mechanism to resolve the matter. »
• Basis of statement: the request to the Government of India to hold consultations pursuant to Art. 100 and art. 283 of the Convention on the Law of the Sea (UNCLOS) has not yet received comments. (This) possibility had been provided for by the judgment of the Supreme Court of January 18 last ". (...) For Italy, the return of marines to India “would be in contradiction with our constitutional requirements (respect for the natural judge provided for by law, prohibition of the extradition of nationals...). Letters of request sent in time to allow criminal proceedings in Italy have remained unanswered. »
• International dispute: the Italian government has decided to " formalize the opening of an international dispute on March 11”.