New rules on compensation for damages caused by military personnel. Without prejudice to what is provided by international law, the action for compensation for unjust damage caused by the culpable conduct of personnel of the Armed Forces, the Carabinieri Corps, and the Finance Guard Corps in the operational theaters of missions abroad is promoted directly against the Ministry of Defense or the Ministry of Economy and Finance. If the conduct constitutes a crime, the action is promoted jointly against the responsible party and the administration to which they belong. The administrative and financial liability of the responsible military personnel remains unchanged. This is provided for by the bill approved by the Council of Ministers on August 4 for the strengthening and adaptation of national defense capacity. The act, composed of 15 articles, represents the first step of the reform desired by Minister Guido Crosetto.
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Currently, if during a mission abroad a culpable conduct of a military member causes unjust damage to a local citizen or a private entity, the foreign injured party cannot act directly before Italian civil courts. The action falls within the scope of international agreements stipulated for the mission. If the mission falls within a multilateral framework (NATO, EU, UN), the damage sharing clauses apply. In NATO SOFA treaties, for example, the host state manages and compensates claims of its citizens according to local laws for acts committed in service, then requesting the sharing (usually 75%) from the state of the military member’s affiliation. In missions without SOFA, the “Claims” procedure operates (administrative claims managed directly by the area commands of the Italian Armed Forces through contingency funds allocated for the mission).
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Organizational updates
Some updates also concern the organization of the defense leadership. The current figure of the Deputy Chief of Defense Staff is split into two: the Deputy Chief of Staff, on whom the Defense Staff depends, and the Deputy Chief of Staff with operational functions, both under the Chief of Defense Staff; the first is granted a special pensionable allowance, with an expenditure authorization starting from 2027. The Committee of Chiefs of Defense Staff assumes the name of Committee of Chiefs and is qualified as the highest advisory body to the Minister of Defense. The Information and Security Department of the Defense Staff assumes the name of Joint Cyber Intel Command and the Joint Training Center for Combat and Hybrid Threat Countermeasures is established, directly under the Chief of Defense Staff.
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