Pupillo v Motta

• Jurisdiction: Italia
• Date: 20 Marzo 1948
• Docket Number: Case No. 128
• Court: Court of Appeal of Brescia (Italy)

Court of Appeal (Italy)

Case No. 128

Pupillo

and

Motta

War — Belligerent Forces —“Blackshirt” Formation in Italy — Case Relation to Regular Forces — Rules of Warfare on Land — Application of — The Law of Italy.

In Pupillo v. Motta, decided the Court of Appeal of Brescia (Italy) on March 20, 1948, it was held that, for the purpose of the Italian war damage legislation, Italian Blackshirt formations were to be regarded as enemy forces. The Court said:

“For the purpose of claims in respect of war damage, blackshirt brigades, which were neo-fascist military formations, must be regarded as enemy armed forces, just as the partisan formations are regarded as national armed forces in virtue of Decree No. 226 of September 6, 1946. The formations of the blackshirt brigades displayed all the signs of armed forces in accordance with the Italian Law of War of July 8, 1938 (No. 1415). They were commanded by a responsible officer...