Italy has submitted a request to the Arbitration Tribunal of the Permanent Court of Arbitration in The Hague for temporary measures, as per article 290 of the United Nations Convention of the Law of the Sea, authorising Marin Girone’s return to Italy for the duration of the arbitration procedures currently underway.
This request falls within a framework of international arbitration launched by the Italian government on 26 June 2015 and follows the cautionary measures already established by the International Tribunal for the Law of the Sea in Hamburg in August of this year ordering the suspension of judiciary proceedings against Marines Marina Massimiliano Latorre and Salvatore Girone. With this request, Italy calls upon the Arbitration Tribunal to recognise and defend fundamental rights ahead of a definitive resolution to the dispute. The Tribunal will set a date to discuss the Italian request.
Italy is determined to uphold its exclusive legal right to jurisdiction in the case of the “Enrica Lexie”, as well as the immunity that international law affords the military personnel operating within the scope of their duties.
