Massimiliano Latorre and Salvatore Girone, part of a military security team protecting a cargo ship off the coast of Kerala, say they thought the fishermen were pirates and fired shots to warn them off in February 2012.

The case has become a sensitive political issue in both countries. In India, supporters of harsh penalties for the marines have marched on the streets, while in Rome the lights illuminating the Colosseum were turned off last year in a protest demanding the two be allowed to return home.

On Friday, India's Attorney General Goolam E Vahanvati said the Italians would be tried under an anti-piracy and anti-terrorism act that provides for capital punishment, but that death sentences would be excluded as a possible sentence.

Italy's Justice Minister responded by saying Rome would fight the use of the law in all ways possible.

"Certain indications that come from New Delhi about the legal proceedings against our marines leave me dumbfounded and outraged," Justice Minister Emma Bonino said in a statement, adding that a decision to use the treaty would be fought in court "in the strongest manner".

"Our commitment to bring home Massimiliano Lattore and Salvatore Girone is stronger than ever."

Charges have yet to be filed against the two, partly due to confusion as to what law the men should be prosecuted under. They are on bail but cannot leave India.


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