it doesn't matter where this happened.I heard it happened 28km from the coast which is international waters.
If you commit a crime in international waters, you are charged in your home country. Check UNCLOS...They killed Indians, and the rule of land will apply. We already hold them under our control. Those bastards should know that we aren't Somalia and they cannot get way by killing Indians.
If you kill an innocent Indian, better be charged in India.If you commit a crime in international waters, you are charged in your home country. Check UNCLOS...
How did you know the crime was committed in international waters? Were you present in the ship? Or are you simply speculating?If you commit a crime in international waters, you are charged in your home country. Check UNCLOS...
The fishermen were not on board the ship. They were in the waters fishing. They were killed when they were on board their own fishing vessel. The above citation is a non-sequitur and irrelevant.Article27
Criminal jurisdiction on board a foreign ship
1. The criminal jurisdiction of the coastal State should not be exercised on board a foreign ship passing through the territorial sea to arrest any person or to conduct any investigation in connection with any crime committed on board the ship during its passage.
Brilliant!Article27
Criminal jurisdiction on board a foreign ship
1. The criminal jurisdiction of the coastal State should not be exercised on board a foreign ship passing through the territorial sea to arrest any person or to conduct any investigation in connection with any crime committed on board the ship during its passage.
It all depends on if it happened in international waters or not. I am sure the ship's navigation system has the position on record.
even if they shot from their ship (even if assuming that it was in international waters), bullet hit the fishermen at Indian Fishing vessel (after all Mumbai attac,k it is mandatory for all the fishing vessels to register in India) killing the fishermen.I heard it happened 28km from the coast which is international waters.
Section 4 - Indian Penal Code (IPC)Indian Penal Code (IPC)
Section 4. Extension of Code to extra-territorial offences
1[4. Extension of Code to extra-territorial offences.
The provisions of this Code apply also to any offence committed by
2[(1) Any citizen of India in any place without and beyond India;
(2) Any person on any ship of aircraft registered in India wherever it may be.]
Explanation. -In this section the word "offence" includes every act committed outside 3[India] which, If committed in 3[India], would be punishable under this code.
4[Illustration]
5[*** A, 6[who is 7[a citizen of India]], commits a murder in Uganda. He can be tried and convicted of murder in any place in 3[India] in which he may be found.
8[* * *]
Section 3 - Indian Penal Code (IPC)Indian Penal Code (IPC)
Section 3. Punishment of offences committed beyond, but which by law may be tried within, India
Any person liable, by any 1(Indian law) to be tried for an offence committed beyond 2(India) shall be dealt with according to the provisions of this Code for any act committed beyond 2(India) in the same manner as if such act had been committed within 3[India].
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The alleged crime occurred on the foreign ship when the bullet left the gun. Hence, no jurisdiction if in international waters.The fishermen were not on board the ship. They were in the waters fishing. They were killed when they were on board their own fishing vessel. The above citation is a non-sequitur and irrelevant.
Crime is committed when bullet hit the body, it could have also happen that bullet missed its mark resulting in no offence.The alleged crime occurred on the foreign ship when the bullet left the gun. Hence, no jurisdiction if in international waters.
A bullet does not leave a gun.The alleged crime occurred on the foreign ship when the bullet left the gun. Hence, no jurisdiction if in international waters.
Italy's foreign ministry said: "The Italian government believes that it is the Italian judiciary that is competent, given that the acts that happened in international waters onboard a ship flying the Italian flag."Armand2REP, what would France had done if a Moroccan Navy ship came within 20 kilometers of a French city and killed a few French fishermen and France actually had those marksmen in custody? I am sure France would not let them go, would they?
This incident happened 20 kilmetres of Allepey, so I hear, so it is well within India's territorial waters.