U.S. Liability in Italian Deaths

* Contrary to your assertion (editorial, March 8) regarding the U.S. Marine Corps air tragedy near Cavalese, Italy, the U.S. has worked diligently and cooperatively with the Italian government to ensure prompt and just remuneration of the victims’ families.

You correctly pointed out that the U.S. has paid $5,000 to each victim’s family to cover burial and travel costs. These emergency payments were made immediately. In addition to Italian tort remedies under the NATO status of forces agreement, Italian law provides payment of a death gratuity of approximately $60,000 to survivors of persons killed resulting from military training or operations. To date, the estates of 18 of the victims have received this payment and the U.S. has reimbursed the Italian Ministry of Defense for 75% of these awards, as stipulated by the NATO agreement. So far, 16 of 20 estates have filed wrongful death claims with the Italian Ministry of Defense, which has made offers to six of the wrongful death claimants within the past month. The NATO agreement provides the mechanism to process and pay claims such as those arising from this tragedy.

A distinction must be made between courts-martial for criminal misconduct and the civil liability of the U.S. government. The court-martial verdict has no bearing on U.S. civil liability. We are committed to close cooperation with the Italian government to ensure all claims resulting from the tragedy are handled expeditiously.

JOHN D. HUTSON

Rear Admiral, JAGC, U.S. Navy

Judge Advocate General

Washington