|Justice Minister Andrea Orlando|
The article is less than clear about how the SOFA actually functions. We find this in Article 7(3)(c):
If the State having the primary right decides not to exercise jurisdiction, it shall notify the authorities of the other State as soon as practicable. The authorities of the State having the primary right shall give sympathetic consideration to a request from the authorities of the other State for a waiver of its right in cases where that other state considers such waiver to be of particular importance.Under the NATO SOFA's concurrent jurisdiction provisions, Italian authorities can, in the end, stand their ground and prosecute these charges, the victim having been a Romanian civilian. Given the history recounted in the article, it would not be surprising if they did so.