Europe

India says its top court must rule on Italian marine's bail

  • FILE – In this Saturday, Dec. 22, 2012 file photo, Italian marines Salvatore Girone, left, and Massimiliano Latorre, arrive at the Ciampino Rome airport from Kochi, India. Italy's Foreign Ministry says Monday, May 2, 2016 an international tribunal in The Hague has decided that Salvatore Girone, an Italian marine being held in India in the shooting deaths of two Indian fishermen mistaken for pirates can return home for the duration of arbitration. (AP Photo/Andrew Medichini, File)

    FILE – In this Saturday, Dec. 22, 2012 file photo, Italian marines Salvatore Girone, left, and Massimiliano Latorre, arrive at the Ciampino Rome airport from Kochi, India. Italy's Foreign Ministry says Monday, May 2, 2016 an international tribunal in The Hague has decided that Salvatore Girone, an Italian marine being held in India in the shooting deaths of two Indian fishermen mistaken for pirates can return home for the duration of arbitration. (AP Photo/Andrew Medichini, File)  (The Associated Press)

  • FILE -  In this Friday, May 25, 2012 file photo Italian marine Salvatore Girone, looks out of the window of a vehicle as he is shifted with fellow Marine, Massimiliano Latorre, right, to a different prison in Kochi, India. Italy's Foreign Ministry says Monday, May 2, 2016 an international tribunal in The Hague has decided that Salvatore Girone, an Italian marine being held in India in the shooting deaths of two Indian fishermen mistaken for pirates can return home for the duration of arbitration. (AP Photo, File)

    FILE - In this Friday, May 25, 2012 file photo Italian marine Salvatore Girone, looks out of the window of a vehicle as he is shifted with fellow Marine, Massimiliano Latorre, right, to a different prison in Kochi, India. Italy's Foreign Ministry says Monday, May 2, 2016 an international tribunal in The Hague has decided that Salvatore Girone, an Italian marine being held in India in the shooting deaths of two Indian fishermen mistaken for pirates can return home for the duration of arbitration. (AP Photo, File)  (The Associated Press)

  • An Indian motorist drives past the Italian embassy in New Delhi, India, Monday, May 2, 2016. Italy's Foreign Ministry says an international tribunal in The Hague has decided that an Italian marine being held in India in the shooting deaths of two Indian fishermen mistaken for pirates can return home for the duration of arbitration.(AP Photo/Manish Swarup)

    An Indian motorist drives past the Italian embassy in New Delhi, India, Monday, May 2, 2016. Italy's Foreign Ministry says an international tribunal in The Hague has decided that an Italian marine being held in India in the shooting deaths of two Indian fishermen mistaken for pirates can return home for the duration of arbitration.(AP Photo/Manish Swarup)  (The Associated Press)

India says its Supreme Court must approve the return of an Italian marine to his country while international arbitration plays out in the case accusing him and another marine of fatally shooting two Indian fishermen in 2012.

The Indian Foreign Ministry says an order expected Tuesday from the international tribunal in The Hague does not allow Salvatore Girone to return to Italy on bail, as the Italian foreign ministry has suggested.

Instead, it says the tribunal's decision affirms the Indian court's authority in the case and asks both countries to approach the court about Girone's bail terms.

India accuses Girone and Massimiliano Latorre of the shootings while they were assigned to anti-piracy duties aboard an Italian ship. Italy says they opened fire thinking the fishermen were pirates in international waters.