Tag Archives: Immunity of State Officials

The Work of the ILC on the Immunity of State Officials from Foreign Criminal Jurisdiction

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UN GENERAL ASSEMBLY, SIXTH COMMITTEE (LXVIII Session), DEBATE ON THE REPORT OF THE INTERNATIONAL LAW COMMISSION ON THE WORK OF ITS SIXTY-FIFTH SESSION (UN Doc. A/68/10), 29 OCTOBER 2013.

On 29 October 2013, before the Sixth Committee of the United Nations General Assembly, Min. Plenipotentiary Andrea Tiriticco, Director for Legal Affairs of the Ministry for Foreign Affairs, expressed the position of the Italian Government on the work of the International Law Commission on the topic of the “Immunity of State officials from foreign criminal jurisdiction”. He stated:

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The President of the Council of the Ministers on Functional Immunity of State Officials from Foreign Criminal Jurisdiction (Enrica Lexie Case)

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CHAMBER OF DEPUTIES, XVII LEGISLATURE, 50th MEETING, 10 JULY 2013.

On 10 July 2013, the President of the Council of the Ministers, Mr Enrico Letta, reported before the Chamber of Deputies on recent developments concerning the trial taking place before Indian authorities against sergeant major Latorre and sergeant Girone, two Italian marines part of a Vessel Protection Detachment (VPD) on board of the Italian oil-tanker Enrica Lexie accused of murdering two Indian fishermen while carrying out anti-piracy activities. Mr Letta referred to the testimony given by Latorre and Girone to the Indian judicial authorities on that same date and stated:

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The President of the Council of Ministers on the Enrica Lexie Case and the Resignation of Minister Terzi

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CHAMBER OF DEPUTIES, XVII LEGISLATURE, 5th MEETING, 27 MARCH 2013.

Following the resignation of the Minister of Foreign Affairs, Giulio Maria Terzi di Sant’Agata (whose statement before the Chamber of Deputies can be read here), the Italian President of the Council of Ministers, Senator Mario Monti, was asked to report at the Parliament on the Mr. Terzi’s resignation, as well as more broadly on the recent developments of the ongoing dispute between Italy and India. The dispute broke out after the arrest by Indian authorities of Sergeant Major Massimiliano Latorre and Sergeant Salvatore Girone, two italian marines accused of killing two Indian fishermen while embarked aboard the Italian-flagged oil-tanker Enrica Lexie in order to carry out anti-piracy activities.

Here follow some excerpts from Mario Monti’s statement before the Chamber of Deputies.

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The Debate in the Sixth Committee on the Obligation to Extradite or Prosecute (Aut Dedere Aut Judicare)

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UN GENERAL ASSEMBLY, SIXTH COMMITTEE (LXVII Session), DEBATE ON THE REPORT OF THE INTERNATIONAL LAW COMMISSION ON THE WORK OF ITS SIXTY-FOURTH SESSION ON THE OBLIGATION TO EXTRADITE OR PROSECUTE (AUT DEDERE AUT JUDICARE).

On 6 November 2012, during the debate in the Sixth Committee of the UN General Assembly on the Report of the International Law Commission, the Legal Adviser to the Permanent Mission of Italy, Mr Salvatore Zappalà, submitted the comments of his delegation on the work conducted by the ILC on the “Obligation to Extradite or Prosecute (Aut Dedere Aut Judicare)”. After encouraging the Commission to give further energy to its work in the area, he recalled that:

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The Debate in the Sixth Committee on the Immunity of State Officials from Foreign Criminal Jurisdiction

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UN GENERAL ASSEMBLY, SIXTH COMMITTEE (LXVII Session), DEBATE ON THE REPORT OF THE INTERNATIONAL LAW COMMISSION ON THE WORK OF ITS SIXTY-FOURTH SESSION ON THE IMMUNITY OF STATE OFFICIALS FROM FOREIGN CRIMINAL JURISDICTION, 6 NOVEMBER 2012.

On 6 November 2012, during the debate in the Sixth Committee of the UN General Assembly on the Report of the International Law Commission, the Legal Adviser to the Permanent Mission of Italy, Mr Salvatore Zappalà, submitted the comments of his delegation on the work conducted by the ILC on the “Immunity of State Officials from Foreign Criminal Jurisdiction”. After thanking Amb. Kolodkin for his past work and welcoming Prof. Escobar Hernandez as the new Special Rapporteur, he stated:

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Mario Monti on Piracy and Exclusive Jurisdiction of the Flag State in International Waters

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On 26 September 2012, the President of the Council of Ministers, Mario Monti, intervened at the 67th Session of the U.N. General Assembly. Mr. Monti addressed, inter alia, the issue of piracy, which has important implications for Italy in light of the Enrica Lexie case and the ongoing controversy with India. After observing that piracy “is particularly troubling for its impact on the world economy and on the lives of seafarers”, Mr. Monti stated:

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