Vessel Protection Detachments & The Immunity Ratione Materiae Of The Marines: A Case Comment

Vessel Protection Detachments & The Immunity Ratione Materiae Of The Marines: A Case Comment On The M/V Enrica Lexie Case

Dr Surepalli Prashanth, MBBS, LL.B, LL.M (Osm.), PGDIHL (NALSAR), Currently PhD Candidate in Law at IFHE, Hyderabad & Practising Advocate in Telangana & Andhra Pradesh High Courts, India

ABSTRACT

This case comment critically analyses the logic of M/V Enrica Lexie of 2020 with a particular focus on the issue of the immunity ratione materiae. This judgment is important in terms of the development of the principle of sovereign immunity. It first reviews the background of the case and the judgment. It then examines (1) the basis of the principle of sovereign immunity and (2) the territorial exception and its relevance to the law of the sea. It criticizes the logic of the judgment, particularly on its reference to the United Nations Convention on Jurisdictional Immunities of States and Their Property, regardless of the fact that the instrument only applies to civil proceedings. Finally, it comments on the Award's implication for anti-piracy international cooperation.

Keywords: Immunity of state officials; foreign criminal jurisdiction; law of the sea