India and Italy to the diplomatic crisis

With the decision not to return the marine riflemen Indian Italian justice, international opens a dispute between Rome and New Delhi, which will make law in international law. The brief summary of the facts: during an escort service against piracy to an Italian merchant ship, two soldiers of the navy, was shot and killed two fishermen against mistaken for pirates. The accident occurred, despite claims by the Indian authorities, in international waters and therefore the legal competence of the state to which the shipping company. The Indian state of Kerala instead forced the freighter to dock its coast, through blackmail to the owner of the absolute prohibition of carry trade routes in the area, if he did not, in fact, deliver the protagonists of the accident. Due to internal problems, the case was immediately used for internal feuds in the political dynamics of the Indian state, breaking every now customary international law. In fact, the detention of the two soldiers was to be abused, and that maybe he could set a dangerous precedent. The Indian authorities have been central in any case, beyond the public statements, aware of the infringement of international law. The first move, in fact, was to subtract the two Italian soldiers, the jurisdiction of the state of Kerala, deeming incompetent, as federal structure subordinate to the central authority. Not only that, the legal system of the normal Indian federation was deemed not suitable to judge a case so peculiar and definitely not stipulated by law. The solution, which would have introduced a new rule not just in international law, was that the establishment of a special court, called upon to adjudicate on this individual case. It is understood that the scope of such a solution would open a road in complete contrast to the customary form in force until now. Besides the legal implications, much heavier were those policies, with each individual was able to establish ad hoc tribunals for violations that occurred in international portions of land immediately close to their borders. It must be said that India has not shone for speed in the constitution of the tribunal, which in fact has not yet been established, leaving to spend too much time to find a solution to the issue, even as thought. The Italian decision, not to keep his word and then to return its military to India, interrupts the course he had taken the story and sets the stage for a diplomatic solution type. The practice would like to correct that an Italian court, the two sailors judged according to the laws of the Italian Republic and this will be, probably, the direction that will take the story. The more complex the size that take the relationship between India and Italy. The story is just beginning and there is no official statement from New Delhi, but all over the country is a strong sense of indignation and the opposition is too easy an opportunity to ride the protest against the government. There is talk of a conspiracy between the two governments to free the sailors, by bringing the Italian origins of Sonia Gandhi, to the involvement of each of bribes paid for the supply of helicopters Italians. Once again, then the internal affairs of the great Indian Country, go to influence an issue whose significance goes far beyond the simple relations between the two states, as a matter of pure principle. The request, however, to judge the two sailors in India, will not be answered, it is virtually impossible for Italy to return on his feet, but the Indian retaliation will not wait: the next few days will tell what will be the action against the Italian Republic.