Lithuania moves to establish compensation system for lawful military damage

Lithuania’s Seimas National Security and Defence Committee (NSGK) has backed a Defence Ministry proposal to create a compensation system for damage caused by the lawful use of military force, LRT reports.

The initiative follows increased deployment of Lithuania’s armed forces in operations against illegal migration, contraband balloons, and unauthorised drones violating national airspace. Current laws do not provide compensation for third parties whose property may be damaged by lawful military action.

If approved by the Seimas, the new framework would take effect on 1 August 2026, covering only direct material losses. Non-material, or moral, damage would not be compensated, justified by the exceptional and often high-risk nature of military operations, where state institutions must act swiftly to neutralise threats.

The proposal includes a right of recourse, allowing the state to recover compensation payments from parties whose actions necessitated the use of military force. To safeguard state finances, large-scale or systemic damage could be compensated over a decade. Funding would come from the Defence Ministry’s budget, additional allocations, or state reserve funds.

Claims would need to be filed within three years of the incident. Lithuania, as the host nation, would assume full financial responsibility for lawful military actions by NATO forces on its territory. However, in cases of unlawful actions by allies, authorities could waive the right of recourse on a case-by-case basis, considering national security interests.

The legal framework would also expand the conditions under which troops can use weapons and special equipment, covering not only traditional unmanned aerial vehicles but any autonomously or remotely controlled objects posing a threat to national defence institutions, such as those conducting surveillance or disrupting infrastructure.

In late May, Lithuania declared an air threat in Utena district after radar detected an object with drone characteristics, later confirmed as a second potential drone. NATO fighter jets were activated in response.