Italy has sent a note to India as it opens an "international procedure" that, unless the Indians cooperate, would inevitably lead to arbitration by an international body such as the UN, Mogherini told the Senate.
Rome has decided to send its ambassador to India Daniele Mancini back to New Delhi to mark the "fresh stage" in its efforts to have marines Massimiliano Latoree and Salvatore Girone returned, she said.
He will oversee the "new phase" of internationalising the case, Mogherini was quoted as saying by ANSA news agency.
"I want to thank de Mistura for the dedication and indefatigable commitment with which he has followed the affair," she said, adding "we are mapping out a panel of experts under the leadership of a coordinator to pursue the new phase".
The prospect of international arbitration appeared inexorable, the minister told the Upper House.
"We are off the bilateral level, to raise the dispute to an international level: we are still willing to talk to the Indians", but "we have no other option than resorting to international arbitration", Mogherini said.
The two Italian marines are awaiting trial over the killing of two Indian fishermen off Kerala coast in February 2012, sparking diplomatic tensions between India and Italy.
The marines, deployed on the Italian-flagged oil tanker MT Enrica Lexie, had contended they mistook the fishermen for pirates. They are now staying in the Italian Embassy in New Delhi awaiting trial.
Italy has requested Latorre and Girone be allowed to return home and the whole case be dropped.
A special court on March 31 has fixed July 31 for hearing the case of the two Italian marines.
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