Fusili di Marina, we talk about arbitration

08/05/15

In recent months we have been accustomed to a deafening silence on the affair of the two Fusilieri di Marina broken only by the announcements of the hearing of the Indian Supreme Court.

Suddenly and I would dare to say "unexpectedly", the institutional silence is broken by dr. Danilo Taino who informs us, through the pages of Corriere della Sera, on the Italian decision to resort to international arbitration. An article of the 5 May us in which it is possible to read, among other things, that "The Italian government has decided to proceed with international arbitration on the case of the two marines. According to the Corriere, by the middle of next month, probably before, he will withdraw the proposal he had made to India for a negotiated diplomatic solution and inform the Delhi government of the intention to proceed with a dispute ... ".

The news can only cheer up being a solution advocated for more than three years by the writer and many other Italian citizens. We remain, however, perplexed in the face of the silence of the President of the Council that nothing confirms or denies the information of the newspaper in Via Solferino, evidently well informed by preferential lanes. Only an immediate "No Comment" by Minister Gentiloni that with a press agency of the same 5 may worry about formalizing his thought: "No comment, they are rumors".

Spontaneous doubts that re-emerge after months ago we had hoped for such an action, after the repeated statements by the two Ministers Pinotti and Mogherini on the government's willingness to resort to arbitration to obtain a judgment from an international Court of Justice. Act that would have allowed immediately - about 60 days according to evaluations of eminent Italian lawyers - to see assigned the custody of the two Riflemen to a third State other than India, subtracting the two and Italy to the blackmail of Delhi.

It does not find, in fact, an understandable motivation the swing of the declarations on the arbitration and the continuous postpone when everything was already ready 18 2013 March and officially announced by the government of the moment and then immediately disavowed by the decisions of the Premier who returned to India the two Marò (see the Farnesina website under the Government's official title) and as officially explained in a hearing in the Chamber of Deputies by one of the leading Italian experts in international law and the sea, Professor Del Vecchio. (click here).

Why we have waited so much, then, do not understand, as we can not understand the hesitations and silences of these months despite the negative approach of India to each other, with the continuous postponements of the hearings of the Supreme Court called to rule on a aspect of primary importance: exclude the NIA from investigations or confirm its competence. Decision that once and for all could cancel or confirm the application of the Indian anti-terrorism law (SUA ACT) and, therefore, of the risk that there is still the threat of the death penalty against our two soldiers.

Continuous uncertainties, therefore, that lead us to think everything and the opposite of everything. Not least the question that can be found in front of an election spot on the occasion of the next regional and then come immediately after denied, not having been, however, to date confirmed by the institutions.

A hypothesis that should not be surprising as suggested by a practice now consolidated by current political management; economic benefit announced next to the European elections, possible "treasure" to be allocated to the less environment at the opening of the electoral campaign for Italian regional elections and lastly an inconvenient decree on the adjustment of pensions in compliance with a sentence of the Constitutional Court postponed, at least for what is known and unlike previous decisions, at the beginning of next month.

In the nebulosity of the story, perhaps, a single aspect is real and concrete, the one summarized with the title of the article by Taino "Caso Marò, the diplomatic path has failed. Italy decides to resort to arbitration ". Minister Gentiloni has not confirmed the arbitration but has not denied the "diplomatic bankruptcy" of Italy as reported in the article of the 5 May and, therefore, every hypothesis remains open.

A single wish. We hope that in this case it is not yet another proclamation among the many that in recent years have characterized the story of the two Navy Riflemen and, above all, it is not explained that if you are expected so much in starting the arbitration for the events of Finmeccanica.

In short, not a delay but a victory that will lead the national industry to return to sell helicopters to India, as announced recently.

If this were the case, it would be confirmed what we have been saying for three years: Italy has sacrificed two of its citizens in uniform to pave the way for purely economic interests. A national disgrace unique in the history of the country!

Fernando Termentini