Talk on International and criminal law issues in the case relating to the killing of two fishermen by Italian marines
The tragic death of two fishermen off the coast of Kerala and the subsequent arrest of two Italian marines throws up several international law issues. The speaker looks at the issue of jurisdiction in international law with regard to the law of the war on piracy, international law of the sea and international humanitarian law. According to him the issue of jurisdiction is in fact a distraction in this case, and the real issue is whether the marines are combatants according to the law, liable under international humanitarian law, rather than individual actors subject to Indian law. The talk also looks at strategies deployed by the Italian government in this case, and whether they were in the best interests of the sailors.
Avi has published a blog based on his research, entitled "The War on Piracy and its unintended victims" in the International Criminal Law Bureau Blog in July, 2012 which is available here http://www.internationallawbureau.com/index.php/the-war-on-piracy-and-its-unintended-victims/.
Avi Singh is an advocate and attorney-at-law based in Delhi. He practices criminal law regularly in Delhi. He has also been involved in cases before the International Criminal Tribunal for Rwanda, International Criminal Tribunal for Yugoslavia, and Special Court for Sierra Leone. Among other things, he was part of the team that secured an acquittal for the former foreign minister of Rwanda on charges of war crimes and genocide.
In 2009, on behalf of the French NGO Avocats du Monde, Avi travelled to Mombassa to represent alleged Somali pirates in Kenya courts. During that process, the question of jurisdiction of domestic courts, pursuant to the UN Convention on the Sea, was widely canvassed, often successfully. Avi has maintained a keen interest in the development of the law on piracy.