The Enrica Lexie Incident (Italy v. India)
A deadly encounter between an Italian oil tanker and an Indian fishing boat in 2012 led to a years-long legal battle. Two Indian fishermen were killed when Italian marines opened fire, mistaking the vessel for a pirate threat. The case eventually reached international arbitration, resulting in a landmark ruling on maritime law and state immunity.
On 15 February 2012, the Indian fishing vessel St. Antony was operating about 20.5 nautical miles off Kerala’s coast, within India’s Exclusive Economic Zone (EEZ). The Italian-flagged tanker Enrica Lexie, en route from Singapore to Djibouti, carried two marines—Sergeant Massimiliano Latorre and Sergeant Salvatore Girone—assigned to anti-piracy duties. When the marines perceived the fishing boat as a potential pirate threat, they issued warnings before firing, killing two fishermen and damaging the vessel.
The *Enrica Lexie* sailed 38 nautical miles away before alerting authorities. The Indian Coast Guard intercepted the ship, and Kerala Police detained the marines, charging them with murder under Indian law. Italy contested India’s jurisdiction, arguing the marines were state officials acting on an Italian vessel in international waters. In 2015, Italy initiated arbitration under the UN Convention on the Law of the Sea (UNCLOS) at the Permanent Court of Arbitration (PCA). The Tribunal ruled in 2020 that it had jurisdiction to decide which state could prosecute the marines. By a 4-1 majority, it found Italy had violated UNCLOS by interfering with the *St. Antony*’s navigation. On immunity, a 3-2 majority ruled the marines were protected under customary international law, preventing India from pursuing charges. The decision mandated compensation negotiations between Italy and India, overseen by the International Tribunal for the Law of the Sea (ITLOS).
The ruling set a precedent on state immunity and maritime jurisdiction, clarifying that Italy’s marines could not face trial in India. Both nations were directed to resolve compensation for the victims’ families and the damaged vessel. The case remains a key reference in disputes involving military personnel and international waters.
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