India’s top court has allowed an Italian marine to return home while international arbitration proceedings take place over the fatal shootings of two Indian fishermen in 2012, in which he and a fellow marine are implicated.

Salvatore Girone had been on bail before the supreme court order on Thursday but had been asked to remain in Delhi.

The case has put a strain on relations between India and Italy, who disagree on the facts of the case and over who has jurisdiction.

India has accused Girone and Massimiliano Latorre of killing the two fishermen in Indian waters while they were assigned to anti-piracy duties aboard an Italian commercial ship.

Italy says the marines thought the fishermen were pirates and that the shooting occurred in international waters, and has taken the case to international arbitration.

India has insisted it has jurisdiction, while Italy has argued that the case should be heard in an Italian court. Italy has also complained that after four years the two marines have yet to be formally charged with any crime.

A UN tribunal will now decide whether India or Italy has jurisdiction. The tribunal asked India to allow the marine to return home while the arbitration proceedings take place.

On Thursday, India’s court also said Girone should return if the tribunal decides in India’s favour.

Latorre has been in Italy since 2014 for medical treatment after suffering a stroke in India.