The Italian Constitution, in Article 11, states a fundamental principle: «Italy repudiates war as an instrument of aggression against the freedom of other peoples and as a means of settling international disputes».
But what would happen if Italy were attacked instead? In that case, could the State force citizens to go to war? The answer is yes, without particular interpretations.
In times of international tension, a specific question arises: in case of war, could Italy call citizens to arms? And who would be obliged to show up? And what would happen to those who do not? The answer lies in the Italian legal framework, which has not disappeared with the suspension of compulsory military service.
On the contrary, the legal foundations for military mobilization still exist today.
The Constitutional Principle: Defense of the Homeland
The legal basis is contained in Article 52 of the Italian Constitution, which states:
«The defense of the Homeland is a sacred duty of the citizen. Military service is compulsory within the limits and in the manner established by law.»
The principle is clear: the defense of the State is not only the task of professional Armed Forces but a duty that involves citizens, within the limits established by laws.
Compulsory Military Service is Not Abolished: It is Suspended
A point often misunderstood concerns military service.
In Italy, military service has not been abolished, but simply suspended in 2005 with the transformation of the Armed Forces into an entirely professional instrument.
This means that the legal framework has not been erased. In case of extraordinary needs, such as a war or a severe international crisis, the State could reactivate military service through a legislative measure, making the procedures already provided by the military system operational again.
A little-known aspect is that the draft lists have never been eliminated.
Every year:
- Municipalities compile the draft lists of citizens who turn 17
- the data is managed by municipal registry offices
- the information is transmitted to the competent authorities
This is an administrative procedure that continues to exist precisely to allow the State to have an updated picture of potential recruits.
General Mobilization: The Real Tool in Case of War
In reality, in case of war or a serious threat to national security, the State would not necessarily start with compulsory military service.
The main tool provided by Italian legislation is general mobilization, governed by the Military Code (D.Lgs. 66/2010).
Mobilization is the measure by which the State rapidly transforms the military system from a peacetime setup to an emergency or wartime setup, recalling personnel, resources, and capabilities necessary for national defense.
Mobilization is decided by the Council of Ministers and declared with a decree of the President of the Republic.
In this scenario, the call would not happen all at once, but in successive phases.
Who Could Be Called to Arms
In a national mobilization scenario, the State would not start from scratch. The Italian military system provides for a progressive recall structure, distinguishing between citizens who have never served and trained personnel belonging to the military reserve.
For citizens who have never performed military service, the age range potentially involved in case of reactivation of military service is generally between 18 and 45 years.
This is the age range traditionally considered suitable for enlistment. In case of mobilization, citizens would first undergo physical and psychological aptitude tests, and subsequently be assigned to units or support roles necessary for the Armed Forces.
The situation is different for those who have already served in the Armed Forces. In this case, the legislation provides that discharged personnel become part of the so-called reserve, a pool of already trained and educated military personnel.
For this category, the recall obligation can extend longer, generally up to 56 years of age. For officers, especially those discharged or belonging to the selected reserve, the limit can be even higher, as their role is often linked to planning, command, or specialized functions.
Former military personnel constitute the first operational reserve of the State. This is because an already trained military person can be reintegrated into units much more quickly, reducing training times and allowing for more effective mobilization.
In a realistic operational scenario, the State would generally proceed in this order:
- recall of reserve ex-military personnel
- use of civilian personnel with technical skills useful for defense (doctors, engineers, technicians, IT specialists)
- possible reactivation of military service for new classes of citizens
Does the Call Only Concern Male Citizens?
According to the current legislation, compulsory military service, if reactivated, would concern only male citizens.
The reference is to the Military Code (D.Lgs. 66/2010), which still maintains the historical framework of military service. The draft lists, in fact, continue to be formed every year by Municipalities only for male citizens who turn 17.
This means that, in the current legal framework, in case of reactivation of military service or general mobilization, the obligation to show up would concern men, while women would not be subject to compulsory call.
Women can still serve in the Armed Forces, but only on a voluntary basis. Female access was introduced in Italy in 2000, allowing women to enlist in all roles of the Armed Forces and military police forces.
For women to also be subject to compulsory military service, a change in the law would be necessary, as the current military service system continues to refer explicitly to the male population.
What Happens If You Do Not Show Up
Failure to comply with military obligations can lead to very severe legal consequences, provided by the Military Penal Code of Peace and the Military Penal Code of War.
Failure to Show Up for the Call
If a summoned citizen does not show up for enlistment, they may incur the crime historically defined as draft evasion.
In case of mobilization or reinstatement of military service, failure to show up can result in prison sentences of several years, in addition to the obligation to fulfill military service anyway.
Desertion
The situation becomes more serious if the person has already been incorporated into the Armed Forces.
Desertion occurs when a military person:
- leaves the unit without authorization
- or does not show up at the unit after incorporation
According to the Military Penal Code:
- in peacetime, desertion can be punished with military imprisonment up to 5 years
- in wartime, the penalty can reach up to 15 years of imprisonment, depending on the circumstances
Defection to the Enemy
The most serious crime is defection to the enemy, which involves behaviors such as:
- providing information or assistance to enemy forces
- collaborating with the enemy
- fighting or operating in favor of hostile forces
According to the Military Penal Code of War, the crime of defection to the enemy can be punished with life imprisonment. In the past, for the most serious cases, the law also provided for the death penalty, which remained formally in the code until 1994, when it was definitively abolished from the Italian legal system. Today, therefore, the maximum penalty provided is life imprisonment.
A Fully Operational Legal System
Despite the professionalization of the Armed Forces, Italy still retains the entire legal framework for military mobilization.
There still exist:
- the constitutional principle of defense of the Homeland
- the draft lists managed by Municipalities
- the laws that allow for the reactivation of military service
- the mobilization tools provided by the Military Code
- the military penal system that regulates service obligations
This is a legislative framework designed to ensure the State's ability to rapidly mobilize men, skills, and resources in case of conflict or severe national emergency.
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