"If Europe wants to avoid war, it must prepare for war." European Commission President Ursula von der Leyen, in her speech at the Royal Danish Military Academy, envisioned a disturbing scenario for Italy.
Given that since 2004, all those born on or after January 1, 1986, have been "suspended" from mandatory military service, in the event of conflict, who, besides professional soldiers, would be called up? Would women serve? Who would be exempt? What is the maximum age? What are the requirements?
Massimiliano Masia, a cassation lawyer with expertise in military law, is the Army's Legal Advisor (Legad) . During his career, as Legad, he served abroad in theaters of operation in Afghanistan, Iraq, and Bosnia.
Attorney Masia, who are the civilians called up in the event of war?
The first to be called up would, of course, be the permanent military personnel of the various armed forces, such as the Army, Navy, Air Force, Carabinieri, and Guardia di Finanza. Next, all former military personnel who left the Armed Forces less than five years ago will have to answer the call to arms, and finally, civilians, who would be called up only in cases of extreme necessity. Conversely, retired military personnel will no longer be bound by obligations in times of war or serious international crisis.
Must they have done compulsory military service?
No. First, it should be noted that compulsory military service was suspended by Law No. 226 of August 23, 2004 (the Martino Law), but not eliminated. This means that it can be reinstated by ministerial decree in the event of war or a serious international crisis and the "professional" army is deemed too small. Specifically, our legal system requires that if conscription is reinstated, Land and Sea Conscription Councils must be established immediately. These councils are responsible for all conscription operations, which are not assigned to other bodies or offices. The Minister of Defense will therefore establish, by annual decree, the number of military personnel called to perform compulsory military service, taking into account the needs arising from a state of war or serious international crisis.
Can women be sent to war?
The legislation is contradictory when it provides that women may participate in competitive exams for voluntary enlistment in all its forms, yet, regarding conscription, remains anchored to the fact that each conscription class includes only men. I believe that this distortion, due to the historical era in which the relevant legislation was enacted, could be updated with the ministerial decree that would provide for the reinstatement of compulsory conscription in the event of war.
Who is being exempted?
First and foremost, those who do not meet the age, physical, and moral requirements set by law. Thus, for example, those with imperfections, infirmities, or those with drug addiction-related conditions presumed curable and revisable at the first medical examination, will be exempt, but are still deemed unfit for service at the next military service. Another exempt category may include those who have lost both parents, who are heads of household, and who have dependent minor siblings. Individuals with children. The only child living with a parent with a disability that renders them unable to care for themselves, or a disabled person with a mutilation or disability similar to those for which a companion is required under current legislation. And other exceptional circumstances related to the family's economic and support situation, which would be lost if the only male individual able to provide for their needs were to be called up for military service.
What is the maximum age for being called up?
"Conscription requirements are those who turn 17 years of age in the year the lists are drawn up, and therefore, those who have turned 18 and up to the age of forty-five are called to the military medical examination."
What criteria are used to choose the weapon and the service to be performed?
"Let's say that the bulk of civilians who need to be called up would swell the ranks of the Army, which is numerically the largest contingent of the Armed Forces. Subsequently, for example, in the Navy, potential recruits will be sought among those who have been or are enrolled among the maritime and civil navigation personnel, or have worked or are working in the maritime domain as owners or employees of companies that hold concessions for maritime state-owned assets or port services. It is noteworthy that those who have been or are enrolled in water sports or underwater fishing companies or organizations may also be enlisted in the Navy. They will be assigned to the Air Force, within the limits of the relevant contingent, based on physical/psychological/attitudinal criteria and qualifications of aeronautical interest."
To what degree?
Obviously, if the military personnel are discharged and have not exceeded the age and time limits indicated above, their rank will be that assigned to them upon discharge or, if they meet the requirements and have applied for promotion to the next rank, the rank assigned to them upon their call to arms. For enlisted personnel called up for military service in the event of war or a serious international crisis, their rank will be assigned among the ranks, as determined by the respective Corps Commander.
Finally, government sources report that in the event of war, the government will decree new criteria for conscription, potentially including women and raising the age limit for those eligible for military service. The current rule is anachronistic given current life expectancy, so the 45-year limit will certainly be far exceeded.
