In 2016, the Constitutional Court had an opportunity to analyse the concepts of 'war' and 'peace operations' in Italy's domestic legal order. The Court was asked to assess the constitutionality of certain legislative provisions concerning the salary and pension of members of the Italian Army participating in UN and other peace operations. Having regard to the relevant legislation, the Court ruled, in the decision No 240 of 2016, that the legal concept of 'combatant' does not apply in the framework of UN operations, since the Parliament has made a clear distinction between war and peace operations. This is confirmed by Law No 145 of 21 July 2016, which has provided a general legal framework on all the relevant aspects of international missions, including pay and pension, mission allowances and specific insurance for the military staff participating in these peace operations.
Differences between 'War Campaigns' and 'Peace Operations'. Decision No 240 of 4 October 2016 of the Constitutional Court
FERRAJOLO Ornella
2017
Abstract
In 2016, the Constitutional Court had an opportunity to analyse the concepts of 'war' and 'peace operations' in Italy's domestic legal order. The Court was asked to assess the constitutionality of certain legislative provisions concerning the salary and pension of members of the Italian Army participating in UN and other peace operations. Having regard to the relevant legislation, the Court ruled, in the decision No 240 of 2016, that the legal concept of 'combatant' does not apply in the framework of UN operations, since the Parliament has made a clear distinction between war and peace operations. This is confirmed by Law No 145 of 21 July 2016, which has provided a general legal framework on all the relevant aspects of international missions, including pay and pension, mission allowances and specific insurance for the military staff participating in these peace operations.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
