On February 24 the Indian Attorney General E. Vahanvati made it official to the Supreme Court that for the case of the two marines the government is in favor of abandoning your act for the suppression of piracy, but, at the same time, it has reconfirmed the request that the leaders of accusation be formulated by the Nia.
The judge set a new hearing in two weeks, reserving the right to decide after examining the "affidavit" delivered by the Attorney General's Office and in which the request to confirm the ownership of the investigation to the NIA (National Investigation Agency, the federal counter-terrorism agency) was formalized. , ed.)
We are therefore facing the umpteenth game of the three Indian cards. It is asked not to apply the SUA but at the same time to confirm the investigations of the NIA which however cannot in fact issue an accusatory report except by referring to the anti-terrorism law.
The ford is definitely not over and we expect more news in two weeks. The judge could reject the request of the attorney general to leave the investigative tasks to the NIA and decide to choose another investigative structure, perhaps reporting the case in the competences of Kerala.
The 31 March, then, another crucial date, could accept the request to remove the judicial custody of the two fusiliers of Marina at the Italian embassy in Delhi and put it back in the jurisdiction of the court, which could mean imprisoning the two marines. The umpteenth two-week postponement by the Indian Supreme Court, however, shows that the New Delhi government is increasingly bogged down and cannot manage fundamental rules of international law. It is absolutely necessary, therefore, a legal decree at international level that forces India to apply what the law provides together with the contents of the various UN conventions on the subject, all signed and ratified by Delhi.
In short, international arbitration must be activated, as has been decided for almost a year now (11 March 2013) by the then Foreign Minister Terzi, a procedure shared by Prime Minister Monti, as can be deduced from reading press notes and even from official documents, to then disappear into thin air. One thing is certain, we can neither be optimistic nor consider the matter ended in favor of our two Marina fusiliers. Whoever manages the game is still India after Italy allowed him to return two Italian soldiers to Delhi's undue judgment.
At the moment the only one to show satisfaction for the success obtained and tranquility for the future is the special envoy dr. Staffan de Mistura, however, confirmed in office by the new government for another six months.
The former UN official attributes himself, revealing "modesty", the success of having canceled the risk of the SUA and calls out loudly the need to resort to international justice. He was the one who was absolutely opposed to international arbitration from the first moment, judged to be long and certainly not, when all the experts on international law stated instead that in 60-90 days the decision could have been reached.
11 days will have passed between 365 since the then undersecretary de Mistura declared that “our priorities are on the one hand the safety and the return to the home of our marines and on the other to maintain an excellent working relationship and collaboration with the Indian authorities. India "- he added -" is a great country with which we all intend to have an excellent relationship. And this "- he concluded -" is another reason to leave the differences in the hands of international law, perhaps with a sentence of an international court ".
Unfortunately, despite the dott. de Mistura admits to refer to the teachings of Machiavelli, it does not seem that the results he obtained are such as to confirm on a conceptual level what he says.
Machiavelli wrote that an ideal "prince" (but not idealized), as still present in the texts on leadership, must: be available to imitate the behavior of great men who are contemporaries or of the past; be able to be "simulator and great dissimulator"; to know how to control fortune wisely through virtue; being able at the same time to be a lion, fox and centaur (lion strength - fox cunning - centaur as ability to use force like animals and reason as man).
Always referring to Machiavelli since 1513 suggested that "In moments of calm, the skilled politician must foresee the future reverses and prepare the necessary shelters, as the banks are built to contain the rivers in full". This in the case of the two Navy riflemen never happened. Indeed sometimes the opposite happened as the statements issued by de Mistura il12 May 2012 to an Indian television with which he admitted that the two marines had stumbled into a tragic accident.
It would therefore be desirable for the new executive to initiate an immediate international arbitration and to review the "special envoy" choice, perhaps alongside him with more expertise in conflict management.
Fernando Termentini
