Much has been said about the story of the two marines and so much continues to be said and not always in a coherent and related way.
Only a few people, for at least a year, carry forward a proposal line consistent with international law and jurisprudence, that of Arbitration to which to entrust the assessment of the specific story of the two Navy riflemen delivered by Italy to the undue judgment of India . First of all the Ambassador Terzi who, Foreign Minister, 11 last March first decided to activate the specific procedure, then forgotten by those who took up his post after his resignation and who decided to postpone to Delhi the two marò.
A thesis, that of the ambassador, shared by many academic experts of international law and by common citizens committed to keeping the attention on the fate of two Italian soldiers to whom the State had denied functional immunity and left them to action court of a third State which could have applied the death penalty to them.
Today suddenly a flash of light!
The dott. de Mistura, appointed by the government to follow the story, tells us from the pages of the Corriere della Sera: an international initiative for arbitration. A turning point in the case of the two marched "We reject the Indian process". "We are not going to the process", adding that an international initiative "should produce its effects in concrete terms within a month".
A surprising statement on the part of those who, however, in a recent past, have always stated that the use of international arbitration was to be excluded because it would have required a very long time, even years. I believe these statements are known to all because they are issued to the press and on radio interviews. One even almost at the same time as the undersigned, who openly challenged the government commissioner's statement through the microphones of Radio Rai 1, bringing the timing back to 60-90 at most.
We can only be happy that finally faced with the poor successes of the "Machiavellian" approach chosen by dr. de Mistura, he himself acknowledges that India is having the upper hand and a decisive turning point needs to be made.
Even the Minister of Foreign Affairs, Minister Mogherini, has assured that we will talk about the case of the two marines with Obama on a visit to Rome and it will also be discussed in NATO and EU. Mr Mogherini adds that "the goal is to get the result, then we will talk about the rules of engagement and mistakes made. It is an international question because this affair has to do with the activities and the way of working of our military abroad "and specified that" the time of an arbitration ", international on the marò, not recognizing Italy the jurisdiction Indian, "they are long but we are not yet at an irreparable point in the negotiation".
Perhaps in the face of the legal and diplomatic failures accumulated in the last year, the institutional consciences are starting to awaken a determination unknown until now, particularly when the leaders of the MFA preferred to talk about "rules shared with India. "Or deny the guarantees of the rule of law by stating" the innocence of the two marines "has not been proven.
A single recrimination: if the international arbitration had started a year ago as announced by the former Minister Terzi and instead it was preferred to travel along compromise to guarantee economic interests that are not better understood and, perhaps, also pertaining to the personal sphere of someone, 12 would have already written off months of the not short timeframe of which Mogherini speaks and in any case would have gained the international image of Italy.Fernando Termentini
