A signboard for the Italian embassy in New Delhi.
Manan Vatsyayana/Agence France-Presse — Getty Images
NEW DELHI (AP): India’s Supreme Court on Thursday barred Italy’s ambassador from leaving the country and demanded that he explain why his country is refusing to return two Italian marines to stand trial in the killing of two Indian fishermen, a government official said.
The court had allowed the marines to go home in February to vote in national elections with a written promise from Ambassador Daniele Mancini of Italy that they would return to stand trial. Italy announced Monday that it would not send them back.
The dispute has damaged relations between the countries, and Prime Minister Manmohan Singh of India said there would be consequences if Italy did not back down.
The Supreme Court demanded Thursday that Italy explain why it was reneging on its promise, barred Ambassador Mancini from leaving India without its permission and insisted that he file his response by Monday.
The Italian marines were part of a military security team aboard a cargo ship when they opened fire on a fishing boat in February last year, killing the two fishermen. The marines said they mistook the boat for a pirate vessel.
Italy maintains that the shooting occurred in international waters and that it should have jurisdiction. India says the ship was in Indian territorial waters.
The Italian Foreign Ministry said Monday that Italy would not return the marines because India’s decision to try the pair there would violate their rights, in particular the principle of immunity for foreign state actors. The ministry said it would be open to international mediation.
Source: NY Times
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Vienna Convention on Diplomatic Relations. United Nations, Treaty Series
The 1961 Vienna Convention on Diplomatic Relations outlines the rules of diplomatic law for the exchange and treatment of envoys between states. It has become an almost universally adopted Convention with 179 states party to it. The Vienna Convention on Diplomatic Relations is fundamental to the conduct of foreign relations and ensures that diplomats can conduct their duties without threat of influence by the host government. Done at Vienna on 18 April 1961. Entered into force on 24 April 1964.
The convention ensure the efficient performance of the functions of diplomatic missions: (Article 3)
1.The functions of a diplomatic mission consist, inter alia, in:
(a) Representing the sending State in the receiving State;
(b) Protecting in the receiving State the interests of the sending State and of its nationals, within the limits permitted by international law;
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(Vienna Convention on Diplomatic Relations…Read More)
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