New rules on compensation for damage caused by military personnel during overseas missions

New rules on compensation for damage caused by military personnel. Without prejudice to the provisions of international law, claims for compensation for unjust damage caused by negligent conduct on the part of personnel of the Armed Forces, the Carabinieri and the Guardia di Finanza in the operational theatres of overseas missions shall be brought directly against the Ministry of Defence or the Ministry of the Economy and Finance. Where such conduct constitutes a criminal offence, the claim shall be brought jointly against the person responsible and the relevant administrative body. The administrative and financial liability of the military personnel responsible remains unaffected. This is provided for in the draft bill approved by the Council of Ministers on 4 August to strengthen and adapt national defence capabilities. The bill, comprising 15 articles, represents the first step in the reform sought by Minister Guido Crosetto.

At present, if, during a mission abroad, the negligent conduct of a member of the armed forces causes unjust damage to a local citizen or a private organisation, the foreign injured party cannot bring a claim directly before the Italian civil courts. The case is dealt with under the international agreements entered into for the mission. If the mission falls within a multilateral framework (NATO, EU, UN), the clauses on the apportionment of damages apply. Under NATO SOFA treaties, for example, the host state handles and compensates claims made by its own citizens in accordance with local laws for acts carried out whilst on duty, and then seeks reimbursement (usually 75 per cent) from the serviceman’s home state. In missions without a SOFA agreement, the ‘Claims’ procedure applies (administrative claims handled directly by the Italian Armed Forces’ area commands using contingency funds allocated for the mission).

There are also some changes regarding the organisation of the Defence Summit. The current post of Deputy Chief of the Defence Staff is split into two: the Deputy Chief of the Defence Staff, to whom the Defence Staff reports, and the Deputy Chief of the Defence Staff with operational responsibilities, both reporting to the Chief of the Defence Staff; the former is entitled to a special pensionable allowance, with funding authorised from 2027 onwards. The Committee of Chiefs of Defence Staff is renamed the Committee of Chiefs and is designated as the highest advisory body to the Minister of Defence. The Defence Staff’s Information and Security Directorate shall be renamed the Joint Cyber Intel Command, and the Joint Training Centre for Combat and Countering Hybrid Threats shall be established, reporting directly to the Chief of the Defence Staff.