Guess what the original found for the two maro?

19/03/14

On 11 March 2013, the then foreign minister, Ambassador Giulio Terzi, warned Italian diplomatic offices around the world that Italy had decided to initiate international arbitration.

For more than a year India had continued to ignore every rule of international law with the pretense of exercising an arbitrary judicial action against two Italian soldiers, for facts that the Indian Supreme Court itself had admitted to have occurred in Italian territory, that is aboard a ship 20,5 miles off the Indian coast.

A decision formalized to India after Italy had uselessly tried to open a bilateral negotiating table with the Indian government, for the search for a diplomatic solution of the case, as suggested by the Court itself.

In light, therefore, of the lack of Indian responses, the Italian government, in fact, considering that by now there was a dispute with India on the application of the UNCLOS Convention (United Nations Convention on the Law of the Sea, ed.) And of international law, on 11 March formalized a verbal note in Delhi through Ambassador Mancini, with which the Italian willingness to reach an amicable solution to the dispute was confirmed also through an international arbitration or a judicial solution and India was asked to activate consultations provided for by the aforementioned Convention.

On the occasion, the Indian government was informed that having established a formal international dispute between the two states in Italy, the "Fusiliers of Marina Massimiliano Latorre and Salvatore Girone will not return to India upon expiry of the permit granted to them".

A relevant formal act, made official to another State which could not represent an autonomous decision of the Minister of Foreign Affairs but which necessarily had to have been approved and shared by the Prime Minister Mario Monti. Moreover, the decision not to return the two Maròs to India would have represented a guarantee of their rights in terms of extradition ensured by the Italian Constitution, which has already been agreed and approved at the time by the Departments of Justice and Defense. once canceled upon expiry of the 2012 Christmas license.

As far as the fate of the two soldiers is concerned, as everyone knows, the story had a different development and Prime Minister Monti decided to return them to Delhi. The new government chaired by the Honorable Enrico Letta no longer spoke of arbitration, a judicial action clearly not shared by Dr. de Mistura in the meantime appointed government commissioner for the affair of the two marines, as he himself has repeatedly admitted on various occasions.

The determination that instead had emerged with the decisions taken by the Italian government in those days of March vanished over time and was replaced by modest recurring phrases "we share rules of engagement with India" as the Deputy Foreign Minister Pistilli told us in May. or, "the innocence of the two marines had not been proven", as Foreign Minister Bonino was anxious to say, softening the denial of the rule of law with the hopeful phrase "a short, quick and fair trial".

No one talked about arbitration anymore. Only Ambassador Terzi, supported by his international juridical competences and by his own consolidated diplomatic experience, on every occasion resumed the problem of arbitration by calling the attention of the authorities and the media. A determination supported also by the sharing of academic experts of international law and associated with that of ordinary citizens committed to keeping high attention on the fate of Maximilian and Savior.

An action that still continues because of the high sense of the State of the Ambassador Terzi and of all the Italians who, together with him, have been predisposed to any personal gain or lobby, national interests, the protection of two Italian soldiers of two Italian citizens and of the image of Italy.

Only the dott. de Mistura, the only voice in the silence of the executive Letta, has always defended with conviction the choice not to resort to arbitration, preferring, by his admission, to counter the Indian counterpart with Machiavellian choices that however at the state of the facts have proved to be little conclusive.

Yesterday, suddenly, the honorable Federica Mogherini, Minister of Foreign Affairs, admitted that the next action to be taken against India is to resort to international arbitration and to have communicated it to India.

With ANSA, the head of the Farnesina informs us, in fact, "we sent the last verbal note the seventh last" to New Delhi, "the next step may be the start of an international arbitration: we will discuss it with them and with the their lawyers ". And again "It is right that the parliament be informed of the developments on the case marò" - added the minister emphasizing that - "the connection between the foreign and defense ministries and the presidency of the Council is an instrument to deal in a more coordinated and more united than in the past ".

Words that, in addition to indicating the desire for transparency of action hitherto obscured by the silences of the former Minister Bonino, show that perhaps up to now precious time has been lost, abandoning the main road that had instead been well identified and traced 12 months ago.

At this stage it is essential to be determined and united as requested by Minister Roberta Pinotti. "We are following with extreme attention, on a daily basis, the situation of our marines, which is complicated, but if we all speak with one voice it is better. It is important for India to feel that the nation is united". be done, but let's not forget who will then have to account to Latorre, Girone, their families and all the Italians why on March 22 the two Navy Fusiliers were sent back to India, for the benefit of whom and to protect what.

Surely not the honorability of Italy and even the two Navy Riflemen!

Fernando Termentini