UN Treaty Calls for Action against gunmen: Ecologist

T H I R U V A N A N - THAPURAM: The Italian campaign against the legal action by India over the killing of two innocent Tamil fi shermen by Italian marines was against the letter and spirit of UN Convention on the Law of Sea (UNCOLS) 1982, according to SFaizi, an Ecologist, here on Monday. The shooting occurred, according to media reports, at 14nautical miles (22kms) from the coast which means that it is within the Contiguous Zone at the start of India’s Exclusive Economic Zone as recognized under UNCOLS, he said. Under UNCOLS, a foreign vessel has only a right of ‘innocent passage’ through the Territorial Waters and the Contiguous Zone. And as per Article 19 explaining the meaning of innocent passage the treaty stipulates that ‘any exercise or practice with weapons of any kind’ by a foreign ship shall be considered to be’ prejudicial to the peace, good order or security of the coastal State’ and hence shall not constitute innocent passage, he added. The Italian argument that India cannot initiate criminal proceedings against culprits is also against the UN treaty which categorically states that criminal jurisdiction of the coastal State can be exercised ‘if the consequences of the crime extend to the coastal State’, and in this case the fi shermen killed weren’t on board the Italian ship but of the coastal State, he said. India should raise the issue of the malicious campaign by the Italian govt with the International Maritime Organisation, while the criminal proceedings are progressing, he added.