Jurisdiction Over High Seas: An Analysis of Enrica Lexie Case

  • Nandini Agarwal
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  • Nandini Agarwal

    Student at Amity Law School, Noida, India

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The case of Enrica Lexie (Republic of Italy v. Union of India), which is a landmark case regarding the ramifications on the Law of the Seas, is discussed in the article. This is a contentious dispute involving the country's legal system since it involves the Killing of two Kerala fisherman on board the Enrica Lexie by two Italian marines in February 2012 which was almost ten years ago. This occurrence occurred around 20.5 nautical miles away from the shore of the Indian territorial limit, where the oil ship Enrica Lexie was stationed. The crime had been perpetrated in the water while flying the Italian flag. After this incident, the two mariners according to the Indian Penal Code were arrested on a variety of offences. The Republic of Italy claimed that India lacked jurisdiction over this issue and that it was also in violation of the United Nations Convention on the Law of the Sea, which both countries had accepted and so made them a party to the convention. The argument has sparked intense debate between the Italian Republic and the Republic of India as well as the entire international community. Therefore, the case offers the occasion for critical reflections on a hotly debated issue of international law. The conundrum of state jurisdiction for crimes committed at sea also encompasses led to a dangerous disagreement between the nations, which in turn caused a diplomatic crisis among the nations. The legal ramifications of this issue would be covered in the subsequent document, and the opposing viewpoints continued to exist between the two countries, and some of the Problematic disagreements about the rule's application were based on Law of the sea convention, usually referred to as the United Nations Convention on the Law of the Sea (UNCLOS). This paper deals with the analysis of the case and jurisdiction over the high seas and different maritime zones and how this case created diplomatic disputes between the two countries and the social and legal impact of the case.


Research Paper


International Journal of Law Management and Humanities, Volume 6, Issue 4, Page 433 - 452

DOI: https://doij.org/10.10000/IJLMH.115422

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