On 13 January 2016 the French authorities arrested the Italian fishing vessel Mina with the accusation of violating French territorial waters. The Mina was arrested during fishery of the red shrimp off the Ligurian coast, between Ventimiglia and the Mentone bay, before the Balzi Rossi reef, and was released upon payment of an 8300-euro deposit. Subsequently, the French authorities expressed regret for the arrest, conceding that it ensued from a wrongful determination of the boundary and jurisdiction over the area. The case spotlighted the on-going discussion between Italy and France over the determination of their maritime boundaries and corresponding fishing rights in an area off Liguria and North of Sardinia, pending the ratification of the so-called Caen Agreement. To date, Italy’s and France’s jurisdiction and fishing rights in the respective areas have been regulated de facto by the 1986 Bocche di Bonifacio Agreement and the 1892 Convention on the fishing zone in the Mentone Bay. More specifically, the 1892 Mentone Bay Convention has never entered into force and was negotiated as a modus vivendi providing for a cooperative ground between the countries, whilst leaving their positions legally unprejudiced. As to the Bocche di Bonifacio Agreement, it only determines French and Italian territorial waters in the Strait of Bonifacio. Though regulating the fisheries traditions and practices of French and Italian fishing vessels in a common zone West of the Strait, the Agreement fails to comprehensively establish the Parties’ maritime boundaries and fishing rights. The Caen Agreement, when in force, would thus constitute the first bilateral instrument to effectively determine the maritime boundaries between the two countries and serve as a basis to settle possible disputes.
SENATE OF THE REPUBLIC, 4th PERMANENT COMMISSION (DEFENCE), XVII LEGISLATURE, 141st MEETING, 22 JULY 2015.
On 22 July 2015, the Undersecretary of State for Defence, Mr Gioacchino Alfano, answered a parliamentary question relating to the constitution and the deployment of an elite unit of the Armed Forces within the Task Force 45 (TF45) of the NATO-covered ISAF in Afghanistan. Being TF45 provided with biometric data capture equipment for their role of support to the Afghan security forces, Mr Gioacchino Alfano dwelled on the legal basis for the collection of such data. He stated:
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.
CHAMBER OF DEPUTIES, XVII LEGISLATURE, 4th MEETING, 26 MARCH 2013 – URGENT INFORMATION ON THE RECENT DEVELOPMENTS OF THE CASE OF THE TWO ITALIAN MARINES UNDER CRIMINAL PROCEEDINGS IN INDIA.
On 26 March 2013, the Minister of Foreign Affairs, Giulio Maria Terzi di Sant’Agata, declared in a speech before the Chamber of Deputies his intention to resign, in protest of the Italian Government’s decision to return to India Sergeant Major Massimiliano Latorre and Sergeant Salvatore Girone, the 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 follows Minister Terzi’s statement:
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:
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: