Crimes Committed at Sea and Criminal Jurisdiction: Current Issues of International Law of the Sea Awaiting the ‘ Enrica Lexie ’ Decision

Abstract

This article takes the developments from the Enrica Lexie Case, currently pending between Italy and the Republic of India in front of the International Tribunal for the Law of the Sea (ITLOS) and the International Arbitral Tribunal, in order to analyse some current problems related to the international law of the sea. The controversy has fomented an intense debate not only in Italy and India but also in the whole International Community. Moreover, it has caused a dangerous diplomatic crescendo between the two involved countries. Thus, the case provides the occasion for important reflections on a major and very debated topic of international law, i.e. the issue of state jurisdiction for crimes committed at sea. This article will therefore analyse the controversies arising from the Enrica Lexie incident, the opposing positions maintained by the two States and some problematic aspects concerning the interpretation of the United Nations Convention for the Law of the Sea and other related sources of the law of the sea.