Italy said on Friday that it had initiated international arbitration proceedings in the case of two of its marines, Massimiliano Latorre and Salvatore Girone, facing trial in India for the 2012 killing of two fishermen.
Even though the Italian foreign ministry did not reveal the exact procedure they were initiating, their aim is to bring the two marines back on home soil.
Latorre has been in Italy since last year having been granted permission to leave India for a minor heart surgery.
Girone remains confined to Italy’s embassy in Delhi pending a trial which Italian officials say has taken far too long to come to court.
India and Italy Clash
India insists that the fate of the two marines, Massimiliano Latorre and Salvatore Girone, must be resolved by its courts because its citizens were shot in its territorial waters.
Italy maintains that the shooting, which happened while the two marines were serving as part of an anti-piracy mission, occurred in international waters off southern India and should be dealt with under the UN Convention on the Law of the Sea (UNCLOS).
Under UNCLOS, parties to a dispute can seek arbitration through an ad hoc panel or the creation of a special tribunal.
The marines have denied shooting the fishermen deliberately but have conceded they mistook the fishing boat for a pirate vessel and fired what were supposed to be warning shots.
How Does it Affect the two Countries?
The unilateral move by the Italian government follows the failure of direct negotiations with the Indian government aimed at resolving a case which has severely strained diplomatic relations between the two countries, the foreign ministry said in a statement.
Other alternatives are to seek a judgement from the International Court of Justice in the Hague or the International Tribunal for the Law of the Sea, in Hamburg, Germany.
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