Italy refuses to send back marines

Italy's refusal to send the two marines revolves on the legal tangle over jurisdiction. However, UN convention of the law of the sea (UNCLOS) of which both India and Italy are signatories, marks 12 nautical miles as territorial jurisdiction for a coastal state. Along with this, UNCLOS also recognises a contiguous zone that extends a further 12 nautical miles beyond the territoral waters. In the event of any criminal activity in that zone, the coastal state can visit and arrest those ships making it clear that India has to try the two marines.

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