Italy moves SC for permission to repatriate second marine

The Supreme Court will hear a plea on Thursday by Italy seeking the court's approval to allow an Italian marine, held in Delhi since 2012 for killing two Indian fishermen, to go home on humanitarian grounds, while the while the International Tribunal for the Law of the Sea decides which country has the jurisdiction to try them.

A second marine held for the same matter is already in Italy, permitted by the Supreme Court to go home on medical grounds.

The two Italian marines are accused of killing two Indian fishermen off the coast of Kerala. India claims it has the jurisdiction to try them in a case, according to The Economic Times, because the oil tanker on which the marines were based, which flew the Italian flag, was within India's exclusive economic zone when the incident occurred.

Italy contests India's stand and went to the tribunal stating that the ship was in international waters when the incident took place, and the marines must thus be tried in Italy.

On 29 April, in its interim order, the ITLOS ruled that Italy should move the Supreme Court of India to allow the second marine to leave for home, while remaining under the control of the court as long as the arbitration continues.