What is ITLOS?

India has taken strong exception to Italy moving International Tribunal for the Law of the Sea (ITLOS), Hamburg, and questioning the jurisdiction of India’s National Investigation Agency to prosecute its two marines.

The two marines, Marines Massimiliano Latorre and Salvatore Girone, were arrested on murder charges for the killing of two Indian fisherman off the coast of Kerala in February 15, 2012.

Italy sought measures to prevent India from taking “any judicial or administrative measures” against the marines. India on Monday contended before the ITLOS that it had the greater right to bring the two marines to justice.

In January, the European Parliament adopted a resolution asking India to allow the return of two Italian marines accused of killing two Indian fishermen, drawing a sharp reaction from New Delhi which termed the step as not ‘well advised’ as the matter was sub judice.

The International Tribunal for the Law of the Sea is an independent judicial body established by the United Nations Convention on the Law of the Sea to adjudicate disputes arising out of the interpretation and application of the Convention.

The Tribunal is composed of 21 independent members, elected from among persons enjoying the highest reputation for fairness and integrity and of recognized competence in the field of the law of the sea.

The mechanism established by the Convention provides for four alternative means for the settlement of disputes: the International Tribunal for the Law of the Sea, the International Court of Justice, an arbitral tribunal constituted in accordance with Annex VII to the Convention, and a special arbitral tribunal constituted in accordance with Annex VIII to the Convention.

Unless the parties otherwise agree, the jurisdiction of the Tribunal is mandatory in cases relating to the prompt release of vessels and crews under article 292 of the Convention and to provisional measures pending the constitution of an arbitral tribunal under article 290, paragraph 5, of the Convention.

The Seabed Disputes Chamber is competent to give advisory opinions on legal questions arising within the scope of the activities of the International Seabed Authority. The Tribunal may also give advisory opinions in certain cases under international agreements related to the purposes of the Convention.