But Italy must work bilaterally in Marines’ case
Perhaps frustrated over the legal delays and desperate to get their Marines back from the clutches of Indian laws to which the accused are answerable for the killing of two Indian fishermen, Italy has gone on an overdrive to win international support for the cause. last week, it petitioned the Office of the UN High Commissioner for Human Rights over “the lack of charges” and the “restriction of freedom” placed on the Marines since 2012. For now, the UN has refused to intervene in the case, making clear that the matter will be best resolved bilaterally. But this reprieve may only be for a short time. Italy has lashed out against the UN for its advice, and can be expected to continue lobbying with its international partners to ensure a ‘dignified' home-coming for the Marines. Rome may have failed to enlist the UN but it has the full support of the European Union and Nato, that have weighed in heavily on New Delhi. The bone of contention here is India's decision to try the Marines under the Suppression of Unlawful Acts against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act, 2002. Also known as the SUA Act, it is an anti-terror, or more specifically an anti-piracy, legislation. One of the reasons why India has decided to invoke this law is because it gives the National Investigation Agency, currently handling the case, the legal authority to probe the issue. But Italy is opposed to it, as a conviction under this law would label the Marines as ‘terrorists'. In the words of outgoing Prime Minister Enrico letta, “Italy is not a terrorist country.”
Italy and its allies have also argued that trying the Marines under SUA Act will set a dangerous precedent in the global fight against piracy. After all, the two men are not technically terrorists of the sort that routinely hold hostage commercial vessels (and against whom this law has been designed) but military men who mistook innocent fishermen to be pirates. On this count, EU foreign policy chief Catherine Ashton has said that a “strong message” must be sent to India while Nato Secretary General Anders Fogh Rasmussen has warned against “negative implications”. The West's concerns are understandable. But it should take comfort from the fact that India is equally committed to the fight against piracy — indeed, after the Indian Navy's operations against Somalian pirates off the Gulf of Aden, our side of the seas has been declared a safe area for merchant ships — and will not wilfully undermine this global effort. Also, the West must ignore fallacious foreign media reports that New Delhi is under domestic political pressure to be seen as acting tough, so as to offset its beleaguered UPA chairperson Sonia Gandhi's Italian heritage, in the run-up to a difficult general election. If anything, Rome's high-pitched response is possibly the result of leaders there playing to the gallery amidst ongoing political unrest around them.