National Republican Guard (Italy)

With the end of the war the Italian troops fighting in the service of CSR were considered formed by Italian citizens who served militarily classified "military aid to the enemy" or "aid the enemy in his political plans" and therefore responsible for crimes punishable under the existing Military Code of Procedure of war thereby excluding these citizens could be considered military conflict, because to be considered somewhat rebellious against the legitimate state consisting of the Southern Kingdom, representing the legal continuity of the Italian State and recognized as such at the time well as from allied countries, including the majority of neutral nations.[4]

Discrimination of CSR combatants was sanctioned by Legislative Decree 4 March 1948, n. 137. The Supreme Court, including the United Sections, has always considered legitimate in the sense that a long list of convictions for crimes of military aid to the enemy (Article 51 C. p. mil. War) and aid to the enemy in his designs Political Rights (art. 58). However, with the ruling of 26 April 1954 No 747, the Supreme Military Court "recognized the soldiers of the Italian Social Republic (RSI) the status of military combatants," denying, however, back to the partisans.

With specific reference to that single sentence, in the fourteenth term in the Senate was presented the draft Law 2244 ("Riconoscimento della qualifica di militari belligeranti a quanti prestarono servizio militare dal 1943 al 1945 nell'esercito della Repubblica sociale italiana" or "Qualified military conflict to those military service in the Army from 1943 to 1945 the Italian Social Republic"). It since its introductory report - and then report to the House - revolved around the formal data on which it based its decision No. 747 del 1954: The Hague Conventions and Geneva, under which it can not be apart from the "principle of equality between the warring parties," according to which the law of war applies to both the aggressor as aggression, both equal before the laws of war. Text provoked an uprising by the political opposition to the government of the time and by the 'ANPI and was eventually abandoned.

Starting from a proposal made by President Carlo Azeglio Ciampi, which provides recognition of the model of the Knights of Vittorio Veneto fighters framed in the forces in the Italian Army during the 2nd World War, in the sixteenth legislature the bill n. 11360, 23 June 2008 has taken a more egalitarian than that presented in the previous XIV legislature, intending to give equally to all participants in the Second World War - fascist or not - "a similar recognition to that conferred by law March 18, 1968 No 263 fighters of the 1914-18 war. To this end, Article 1 of the bill establishing a new order of honor, the Order of the Tricolor, which includes the only class of Knight. The new award was to be awarded:

• to all those who have served the military for at least six months, even several times in the area of operations in the Italian armed forces during the 1940-45 war and military invalids or training or Gappisti regularly framed in partisan formations dependent Corps volunteers freedom;
• fighters of the war 1940-45;
• the maimed and disabled war pensioners 1940-45 war;
• to former prisoners or interned in concentration camps or prisons;
• fighters in the formations of the national Republican during the two years 1943-1945;

Providing for the payment of a living allowance to the survivors and presence on the board of regents of the Order, along with military representatives of republican institutions, associations and the president of the veterans 'Partisans of the President's Historical Institute of the Italian Social Republic.

Moreover, the same National Union Veterans of the Italian Social Republic (Unione Nazionale Combattenti della Repubblica Sociale Italiana), as a claimant the status of combatants, "legitimate unlike the partisans," he declared its disinterest in the draft law.[5]

The bill, as a consequence of the invitation addressed to the consistency publicly Dario Franceschini to Silvio Berlusconi after the speech commemorating the resistance held by the latter to Onna on 25 April, was withdrawn by the petitioner, the deputy Lucio Barani, on 28 April 2009.