Judgment No. 24182 of 2023: Jurisdiction over Crimes Committed by NATO Military Personnel
The very recent judgment No. 24182 of May 23, 2023, issued by the Court of Cassation, addresses a highly relevant issue in international criminal law: jurisdiction over crimes committed by NATO military personnel operating in Italy. This ruling provides important clarifications on procedural dynamics and the legal prerogatives of the involved States.
Context of the Judgment
The case in question concerns a NATO military member, M. A. C., accused of serious offenses, including homicide and grievous bodily harm. The crucial issue revolves around the request by the military member's State of origin to waive the priority of Italian jurisdiction. According to the Court, such a request does not lead to the suspension of the proceedings nor does it constitute grounds for nullity. This clarification is fundamental to ensuring the continuity of criminal proceedings, preventing waiver requests from obstructing Italian judicial action.
Legal Principles Cited
The Court invoked several norms and principles to justify its decision, including:
- Article 1 of Presidential Decree No. 1666 of December 2, 1956, and subsequent amendments, which governs jurisdiction over foreign military personnel.
- European and international regulations governing legal cooperation between States.
- Previous jurisprudential maxims that have already addressed similar situations.
“Celebration of the trial by the Italian judicial authority pending the request for waiver of jurisdiction priority submitted by the military member's State of origin - Nullity - Exclusion - Case. Regarding crimes committed by NATO military personnel, the request by the military member's State of origin to waive the priority of jurisdiction belonging to the Italian State does not lead to the suspension of the proceedings, nor to any hypothesis of nullity, as these are provisions that do not pertain to the observance of conditions for prosecution or the protection of the procedural rights of any party, without prejudice to the possibility for the Minister of Justice to submit, at any stage and level of the proceedings and until the judgment becomes final, the request for waiver of jurisdiction pursuant to Article 1 of Presidential Decree No. 1666 of December 2, 1956, as amended by Presidential Decree No. 27 of March 11, 2013. (Case in which the Court held that the trial for the offenses of homicide and grievous bodily harm for violation of traffic laws against a NATO military member was duly conducted, despite the pending request from the aforementioned member's State of origin to waive the priority belonging to the Italian State).”
Conclusions
In conclusion, judgment No. 24182 of 2023 represents a significant step forward in safeguarding Italian jurisdiction regarding crimes committed by foreign military personnel, particularly those of NATO. It reiterates that justice must take precedence and that requests for waiver of jurisdiction should not be an obstacle to criminal proceedings. This principle not only protects the effectiveness of the Italian legal system but also offers fundamental protection to victims of crimes, regardless of the perpetrator's nationality.
