Practice Related to Rule 95. Forced Labour
Section B. Compelling persons to serve in the forces of a hostile power
Italy’s IHL Manual (1991) forbids the compelling “of enemy soldiers to participate in military actions against their own country”.
The manual provides: “The inhabitants of an occupied territory … shall not be enrolled into the national armed forces, or … provide services directly linked to the war.”
The manual further states: “In no case shall civilian persons be compelled to carry out works which would oblige them to take part in military operations.”
Italy’s Law of War Decree (1938), as amended in 1992, provides: “It is prohibited to compel your enemies to participate in actions of war against their own country”.
The Law instructs soldiers: “You cannot implicate prisoners of war in work which would involve their participation in military operations.”
The Law also states: “Enemies cannot, in any case, even if they used to serve the State before the outbreak of hostilities, be compelled to enlist in the armed forces of the State, or to render services directly linked to the war.”
Italy’s Wartime Military Penal Code (1941) provides for the punishment of any member of the military who compels enemy nationals to take part in war actions against their own country.