Giuseppe Paccione
Ed. ADDA
pp. 250
The author Giuseppe Paccione, a jurist and a fine lecturer in international law, deals with the merchant ship Enrica Lexie and the two fusiliers of the San Marco Regiment of the Italian Navy, Salvatore Girone e Maximilian Latorre, members of Military Core of Protection (NMP), on the purely international level. Their adventure, still unfinished and which dominates a broad discussion among Italian public opinion, is passed under the lens, through the most refined instruments of legal analysis and internationalist doctrine.
Even today, the two Navy riflemen who were in their full functions, as organs of the Italian state, find themselves between a rock and a hard place without knowing what their fate will be.
The author, in a detailed manner, enters into the merits of the questions with a rich explanation of some legal concepts on the law of the sea, the jurisdictional delimitation of India on the sea, the contrast between the international order and that of the Union of India, for then come to the subject of the accident that occurred in February 2012 of the merchant ship flying the Italian flag within the gray area of international law. Between the pages two fundamental aspects are examined by the author: that inherent to the violation by the Indian State of diplomatic law, which determines the sanctity of the ambassador, as a direct organ of the State he represents and that on the lack by India of not having respected and established the Institute of the functional Immunity of which the two Marò benefited.
As was to be expected, the book also presents the author's opinion on the course of action that Italy should have followed in order to arrive at the definitive solution of this story and strongly presents the opinion that the competent authorities should have activated, from the first hours, in experiencing all the necessary channels from the diplomatic to the political ones, without having to reach the last one last resort that is, that ofArbitration international, strongly desired by our country.
The book by Giuseppe Paccione is accompanied by the interesting preface written by the ambassador Giulio Terzi of Sant'Agata, former Minister of Foreign Affairs and International Cooperation of the Government Monti, which expressed its opinion in favor of the non-return of the two already in the 2013 Marò pugliesi in India for guarantee requirements aimed at respecting the fundamental rights of the human person. Motivation, expressed by the Minister Terzi, which could represent a just reason to deny the return to the Union of India when the special permit expired, but which was not supported by the rest of the majority of the government Monti. The two fusiliers of Marina were thus postponed in India and Ambassador Terzi resigned before the Chamber of Deputies. The introduction written by the Minister Terzi alludes to the precise responsibilities of some, it is a stone thrown, without any diplomacy, against those who are stubborn to keep their word with a counterpart who probably expected and perhaps hoped for more. "To refuse to assert the instruments of law and the mechanisms offered by the international order, as happened in the last two years, in the illusory hope of compromises hidden to the detriment of the dignity and rights of our two soldiers, is part of the intentions of those wants to draw from the affair unclear utility in the relationship with India ".
The rest of the story is still chronicle, which produces not a little annoyance in the Italian public opinion.
Michele Carosella
