New rules on compensation for damage caused by military personnel on foreign missions

New rules have been introduced regarding compensation for damages caused by military personnel during overseas missions. The legislation was approved by the Council of Ministers on August 4 as part of efforts to strengthen and modernize national defense capabilities. Under the draft law, any unjust damage resulting from the negligent actions of members of the armed forces, the Carabinieri, or the Guardia di Finanza while operating abroad can now be claimed directly against the Ministry of Defense or the Ministry of Economy and Finance. If the conduct constitutes a criminal offense, claims will be pursued jointly against both the responsible individual and their administrative authority. Administrative and fiscal responsibility for the soldier remains unchanged. The new provisions aim to streamline the process for victims of negligence or misconduct by Italian military personnel stationed abroad. Previously, foreign citizens or private entities affected by such incidents could not file civil lawsuits in Italian courts. Instead, they had to rely on international agreements governing the specific mission. In multinational operations involving NATO, the EU, or the UN, damage distribution clauses apply. For example, under the NATO SOFA treaty, the host country manages and compensates claims made by its citizens based on local laws, then seeks reimbursement, typically 75%, from the soldier’s home state. In missions without a SOFA agreement, a claim procedure known as “Claims” is used, managed directly by area commands through contingency funds allocated for the mission. The reform introduces several organizational changes within the defense structure. The current position of Deputy Chief of Defence Staff has been split into two distinct roles: one overseeing the Defence Staff and the other focusing on operational functions. Both positions report to the Chief of Defence Staff. The former will receive a special pensionable allowance starting in 2027. Additionally, the Committee of Chiefs of Defence Staff will be renamed the Committee of Chiefs and designated as the highest advisory body to the Minister of Defence. The Information and Security Department of the Defence Staff will be rebranded as the Inter-Service Cyber Intelligence Command. A new Inter-Service Combat Training Centre for hybrid threat countermeasures will also be established, reporting directly to the Chief of Defence Staff. These reforms represent the initial phase of a broader restructuring initiative led by Defence Minister Guido Crosetto. The legislative package includes 15 articles aimed at enhancing transparency, accountability, and efficiency in handling claims related to military conduct abroad. The changes reflect a growing emphasis on aligning Italy's defence policies with contemporary security challenges and international legal standards. The updated framework ensures that victims of negligence or misconduct by Italian military personnel can pursue redress more effectively, whether through domestic or international channels. The new procedures also clarify the responsibilities of both the military authorities and the relevant ministries. While the soldier retains administrative and fiscal liability, the burden of managing claims is shifted towards centralised oversight mechanisms. This shift aims to reduce bureaucratic delays and improve coordination among different branches of the armed forces. The establishment of dedicated training centres underscores the government’s commitment to preparing military personnel for emerging threats, including cyber warfare and hybrid conflict scenarios. Looking ahead, the implementation of these reforms will require close collaboration between the Ministry of Defence, the Ministry of Economy and Finance, and the relevant military commands. Further adjustments may be necessary to ensure compliance with international treaties and to address any practical challenges that arise during the transition period. As the reforms take effect, the focus will remain on ensuring that the rights of individuals affected by military actions abroad are protected in accordance with both national and international legal frameworks.