The book deals with the Enrica Lexie case from the perspective of international law taking into consideration the legal issues that dominated the debate: the validity of the criminal jurisdiction of India with respect to the disputed fact, the functional immunity for foreign state organizations operating officially. The applicability to the ‘Marò’ case of existing pact legislation and customary law is being examined. The author comes to consider the hypothesis of shared jurisdiction between India and Italy, while no international obligation that requires the New Delhi judge to recognize themselves incompetent does not seem to be found. Requirements for the guarantee of fundamental human rights of the two marines could instead constitute a valid reason to deny their return to India upon expiry of the special permit.
in the Catalogue