In its submissions, India had called on the Permanent Court of Arbitration (PCA) UNCLOS tribunal to “adjudge and declare that it [PCA] has no jurisdiction with respect to the case submitted to it by Italy”. However, a majority of the court's five- member bench ruled 4-1 that it had jurisdiction in the matter, and ruled 3-2 that the marines Massimiliano Latorre and Salvatore Girone held immunity. According to the Italian government, the marines were “State officials exercising official functions”.
...
“What happened was a cold-blooded murder, and the marines were given 7-star treatment [in India]”, said senior advocate K.N. Balagopal, who appeared for Kerala in the case before the Supreme Court in the matter. “Compensation is anyway granted in such cases; the marines should have stood trial in our courts for the crime committed”, he added. He called the verdict less than a victory “though there is some vindication to an extent”.
After several years, during which the case became a political controversy in India, Italy decided to invoke the International Tribunal for the Law of the Sea (ITLOS) court in August 2015. The court directed a stay on the proceedings in India pending Italy’s case at the Permanent Court of Arbitrage at The Hague in Netherland. The Supreme Court, which had been hearing the matter, suspended its proceedings shortly after.
...