Italy believes that ''functional
immunity'' should be recognized as an important issue by the
entire international community, Foreign Minister Federica
Mogherini said on Wednesday in comments on the case of two
Italian marines being held India for alledegly killing two
fishermen during an anti-piracy mission in 2012.
Functional immunity protects State officials from the
jurisdiction of other States as they perform actions while on
duty.
Rome is seeking international arbitration in the case,
arguing it is not under Indian jurisdiction as the incident
occurred outside the country's territorial waters, and says the
marines should be exempt from prosecution in India because they
are servicemen who were working on a mission.
''It is important to actually recognize that functional
immunity is important for everybody'', Mogherini said, stressing
that NATO has already acknowledged this and continues to
recognize such an issue.
Marines Massimiliano Latorre and Salvatore Girone, who are
accused of killing the two fishermen after allegedly mistaking
them for pirates, ''were not in India for private reasons but
were on duty''.
''The recognition of such a dimension is extremely
important'', stressed Mogherini.
Italy has long attempted to win international support in the
case of the two marines who were guarding the privately-owned
Italian-flagged oil-tanker MT Erica Lexie off the coast of the
southern Indian state of Kerala in February 2012 when the
incident occurred.
In February, NATO Secretary-General Anders Fogh Rasmussen
said their case could have ''negative implications'' for the
fight against piracy and could not be treated as a bilateral
issue.
Rome has won the backing of the European Union in the case
and is seeking to get the United Nations involved.
ALL RIGHTS RESERVED © Copyright ANSA
