This is a blow to India that has sought to prove that the killing of two Indian fishermen – Valentine Jelastine and Ajeesh Pink – off the coast of Kerala on 15 February, 2012 by the two Italian marines – Massimiliano Latorre and Salvatore Girone – was infact a “double murder at sea, in which one fisherman was shot in the head and the other in the stomach”.

In its ruling, the tribuinal asked both India and Italy to submit a report to it by September 24, and added that there was still a question over which country had jurisdiction over the case that has been going on for more than three years.

An worldwide tribunal in Germany on Monday ruled that it would not take action over a deadly 2012 maritime incident that sparked a diplomatic dispute between Italy and India.

“I have been instructed to state that India is prepared to guarantee that the decision of the Special Court could be handed down within four months from the date on which the hearings open, if Italy were to cooperate and withdraw its objections to the procedure before the Indian Supreme Court”, Indian representative Alain Pellet told the tribunal.

One marine has been allowed to travel home for medical treatment, while the other remains in India. It has pleaded that India must cease to exercise any form of jurisdiction over the Enrica Lexie Incident and the Italian Marines, including any measure of restraint with respect to Sergeant Latorre and Sergeant Girone.

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. ITLOS is an independent judicial body established by the United Nations Convention on the Law of the Sea to adjudicate disputes arising out of the interpretation and application of the Convention.

The Italian authorities’s model was brief, simple and deceptive, India stated within the tribunal listening to at Hamburg.

Girone has been living at Italy’s embassy in New Delhi. “It is surprising that Italy is insensitive to the interests and plight of the victims of crime and is adopting a discriminatory attitude”, India said in its submission.