La giurisdizione militare: una prospettiva comparata

Military Jurisdiction: A Comparative Perspective

  • Agostino Araneo

Abstract

In Italy, military jurisdiction has always been the subject of sharp criticism. Accused of being outdated and anachronistic, the voices calling for its complete abolition in legal scholarship and jurisprudence have become increasingly persistent. Although the issue has long been known to industry experts, recent wartime events and the return of conflict in Europe have refocused attention on the question of whether, even within our legal framework, a special military criminal jurisdiction should be maintained. Through a comparison between the military justice system in our legal system and in other European countries, with reference to the French and German contexts, the aim of this inquiry is to determine whether certain measures “imported” from abroad could help address the deep-rooted problems that afflict Italian military criminal jurisdiction. In particular, the analysis will attempt to ascertain whether it is appropriate and feasible to introduce into our legal system a specialized military criminal jurisdiction modeled after the French system, or whether it is more advantageous to implement the solution adopted by the German legal system, which, since the end of the Second World War, has chosen to abolish military criminal jurisdiction. The purpose of this article is to examine the possibility of implementing military jurisdiction models adopted in other European contexts within the Italian system. It is, however, crucial to bear in mind the well-founded awareness that the organization of military jurisdiction is a political choice of the legislator, a choice closely linked to the historical-political substrate of each country.


Keywords: Military jurisdiction; Peacetime and wartime; Military offense; Specialized jurisdiction; Special jurisdiction.

Published
May 14, 2024
How to Cite
ARANEO, Agostino. La giurisdizione militare: una prospettiva comparata. DPCE Online, [S.l.], v. 63, n. SP1, may 2024. ISSN 2037-6677. Available at: <https://www.dpceonline.it/index.php/dpceonline/article/view/2151>. Date accessed: 18 july 2024. doi: http://dx.doi.org/10.57660/dpceonline.2024.2151.
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