Two Italian marines charged with killing two Kerala fishermen in sea waters last year will stay back in Italy as New Delhi does not have jurisdiction over the case, the foreign ministry of Italy announced on Monday."Italy has always argued that Indian authorities have violated their obligations under international law...especially the principle of immunity from trial by the organs of a foreign state and the United Nation Convention on the Law of the Sea," the foreign ministry said in a statement.The decision not to send Massimiliano Latorre and Salvatore Girone, who had been allowed to come home to vote and meet their families, back to India was taken by Italy's defence and justice ministries in consultation with the prime minister's office, the statement said.The marines were allowed by the Supreme Court in February to go back to Italy for four weeks to vote in elections. Italy voted on February 24-25. It is their second visit after the Kerala High Court had allowed them a two-week home stay during Christmas last year.The Italian government had given an undertaking in the Supreme Court that Massimiliano Latorre and Salvatore Girone will return to India after the voting. Since the Supreme Court had allowed the marines to go to Italy for voting, it now has the responsibility to take suo moto cognizance of the event.When the marines were allowed to go for the Christmas holidays, the Kerala government had categorically said that the onus of responsibility lies on the Centre to get them back. The state government said it feared that if the marines were allowed to go to Italy, they would not come back.Though the marines came back the first time, what was feared has now come true.On February 15 last year, Massimiliano Latorre and Salvatore Girone allegedly shot dead two Indian fishermen off the Alappuzha coast in Kerala, suspecting them to be pirates attacking their merchant vessel. The deceased fishermen's families had repeatedly said that if they are allowed to go to Italy, they will not return.

Italy claims the incident occurred in international waters and has been trying to get Latorre and Girone tried in Italian courts, while India contends the shooting occurred in its own territory.The two marines were out on bail and staying in Delhi, where the Supreme Court had ordered their trial to be held in a special court, saying Kerala doesn't have powers to try the case.