The Indian government told the apex court on Monday that it would not use a tough anti-piracy law to prosecute two Italian marines accused of killing two Indian fishermen, lawyers involved in the case said.

The Government had earlier given its approval to charge the marines under controversial Suppression of Unlawful Acts (SUA) legislation.

Rome had contested the applicability of the anti-piracy law, saying it would be tantamount to treating its personnel as terrorists and Italy as a terrorist state.

“The Attorney General (Goolam E Vahanvati) informed the judges that the Government will not be invoking the anti-piracy law, that also carried the death penalty,” Diljeet Titus, one of the lawyers representing the marines said.

The officers will now be charged under the Indian Penal Code, he said.

New Delhi’s move is expected to defuse tensions surrounding a case that has soured ties between Italy and India.

Rome has expressed its anger that New Delhi has kept the marines in India for two years without any charges being filed, protesting the judicial delays and recalling its ambassador for consultations.

The dispute dates back to February 15, 2012 when Massimiliano Latorre and Salvatore Girone allegedly killed the fishermen, mistaking them for pirates. The marines were part of the security team of an Italian oil tanker crossing the Indian Ocean.

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