Judgment No. 24182 of 2023: Jurisdiction over Crimes Committed by NATO Soldiers

The very recent judgment No. 24182 of May 23, 2023, issued by the Court of Cassation, addresses a matter of great relevance in international criminal law: jurisdiction over crimes committed by NATO soldiers operating in Italy. This provision provides important clarifications on procedural dynamics and the legal prerogatives of the involved States.

The Context of the Judgment

The case in question involves a NATO soldier, M. A. C., accused of serious crimes, including homicide and grievous bodily harm. The crucial issue revolves around the request from the soldier's home country to waive the priority of Italian jurisdiction. According to the Court, such a request does not entail the suspension of the trial nor does it constitute grounds for nullity. This clarification is essential to ensure the continuity of the criminal proceedings, preventing waiver requests from hindering Italian judicial action.

Legal Principles Cited

The Court referred to several norms and principles to justify its decision, including:

  • Article 1 of D.P.R. December 2, 1956, No. 1666, and subsequent amendments, which regulates jurisdiction over foreign military personnel.
  • The European and international regulations governing legal cooperation between States.
  • The previous jurisprudential maxims that have already addressed similar situations.
“Conducting the trial by the Italian judicial authority while the request for waiver of the priority of jurisdiction advanced by the soldier's home country is pending - Nullity - Exclusion - Specific case. Regarding crimes committed by NATO soldiers, the request from the soldier's home country to waive the priority of jurisdiction belonging to the Italian State does not result in the suspension of the trial, nor any hypothesis of nullity, as these are provisions that do not pertain to the respect of conditions for proceeding or the protection of the prerogatives of any party involved in the proceedings, without prejudice to the authority of the Minister of Justice to formulate, at any state and level of the proceedings and until the judgment becomes final, the request for waiver of jurisdiction under Article 1 of D.P.R. December 2, 1956, No. 1666, as amended by D.P.R. March 11, 2013, No. 27. (Specific case in which the Court deemed the trial for the crimes of homicide and grievous bodily harm for violations of the highway code against a NATO soldier to be regularly held, despite the pending request from the soldier's home country to waive the priority belonging to the Italian State).”

Conclusions

In conclusion, judgment No. 24182 of 2023 represents an important step forward in the protection of Italian jurisdiction regarding crimes committed by foreign soldiers, particularly those of NATO. It reaffirms that justice must take precedence and that the request for waiver of jurisdiction should not obstruct criminal proceedings. This principle not only safeguards the effectiveness of the Italian legal system but also provides fundamental protection for victims of crimes, regardless of the perpetrator's nationality.

Bianucci Law Firm