During 2022, in the context of the conflict in Ukraine, three main topics of discussion emerged in the Italian parliamentary practice: the recognition of the self-proclaimed “republics” of the Donbass, the issue of sanctions against the Russian Federation, and, finally, the question of the legality and political expediency of supplying arms to Ukraine. All these topics are explored in the ensuing analysis, highlighting the position taken by the Italian Government on each of them.
The Recognition of the “Republics” of Donetsk and Lugansk
On 21 February 2022, the President of the Russian Federation, Mr. Vladimir Putin, first announced the recognition of the independence of the self-proclaimed separatist republics of Donetsk and Lugansk, and then ordered the deployment of troops to the Donbass region for the stated purpose of “securing peace” in the area. The day after, the President of the European Council, Mr. Charles Michel, and the President of the European Commission, Ms. Ursula von der Leyen, on behalf of the 27 European Union (EU) Member States, issued a statement strongly condemning the Russian decision to recognize the two separatist republics.[1] The United Nations (UN) Secretary-General, Mr. António Guterres, also expressed concern about the Russian decision, calling for a peaceful resolution of the conflict in eastern Ukraine, consistent with what the Security Council had indicated in Resolution No. 2202 of 2015, which called on all parties to fully implement the Minsk Agreements.[2]
On 23 February, before the Chamber of Deputies (644th Meeting, XVIII Legislature) and during a briefing on the crisis between Russia and Ukraine, the Minister of Foreign Affairs and International Cooperation, Mr. Luigi Di Maio, stated:
the crisis between Russia and Ukraine took another dramatic turn on Monday evening, when President Putin, accepting an appeal from the Duma, signed a decree recognizing the self-proclaimed Donetsk and Lugansk republics in eastern Ukraine. The Kremlin’s measure followed by a few hours a meeting of the Russian National Security and Defense Council, which had unanimously endorsed the same appeal.
The move had been anticipated by President Putin to President Macron and Chancellor Scholz, as representatives of the Normandy format (which includes Ukraine, Russia, France and Germany), the main negotiating framework for implementing the Minsk Agreements. Moscow’s decision severely undermines the very Minsk Agreements, that provide that the authorities in Donetsk and Lugansk be subordinate to those in Kiev, albeit with broad decision-making autonomy. Recognizing the independence of the self-proclaimed separatist republics undermines Ukraine’s territorial integrity and full sovereignty, already challenged in 2014 with the illegal annexation of the Crimean Peninsula. We condemn Moscow’s decision to send a contingent of troops to the territories of the two separatist republics with self-styled peacekeeping functions. It is an act that risks exacerbating an already very tense situation. […]
At President Putin’s request, yesterday, the Russian Federation Council granted permission to send Russian military forces abroad. In addition, also yesterday, Putin stated in a press conference that he recognizes the claims of Donetsk and Lugansk to the territory of the entire Donbass, far beyond the Russian-speaking component present in the region, thus including areas currently under the control of the Ukrainian armed forces and, moreover, he demanded recognition of the illegal annexation of Crimea. […]
As soon as we learned of the decision made by President Putin on Monday evening, the Government publicly expressed its strongest condemnation, as this step constitutes a serious obstacle in the search for a diplomatic solution to the very serious ongoing crisis. In the face of the Kremlin’s decision, we reaffirmed Italy’s support for Ukraine’s territorial integrity and full sovereignty within its internationally recognized borders and appealed to the parties to return to the negotiating table in the appropriate formats.
On 25 February, the President of the Italian Council of Ministers, Mr. Mario Draghi, in his urgent communications before the Chamber of Deputies (646th Meeting, XVII Legislature) defined Russia’s attack on Ukraine “unacceptable” and “unjustified”. He also illustrated the first emergency measures that the Italian Government was about to take, with reference to both the strengthening of the Country’s military commitment in the framework of the North Atlantic Treaty Organization (NATO) arrangements and the adoption of sanctions.
The Sanctions Against the Russian Federation
In response to Russia’s military aggression and decision to recognize the Donetsk and Luhansk oblasts as independent entities, the Council of the European Union adopted several packages of restrictive measures.[3] In this regard, during the abovementioned meeting of the Chamber of Deputies on 23 February, Minister Di Maio said:
Yesterday afternoon I took part in the meeting of G7 foreign affairs ministers dedicated to the developments of the crisis, during which we coordinated on the restrictive measures to be taken in response to Russia’s actions.
The extraordinary meeting of the EU foreign affairs ministers, which I also attended in Paris, then endorsed a comprehensive package of restrictive measures that includes a ban on imports and exports and investments in the separatist republics, economic and financial sanctions on Russia, and individual designations of political, media and military exponents and economic operators.
Additional restrictive measures could be taken in the event of further actions on the Russian side.
EU restrictive measures are laid down in Council of the European Union decisions on Common Foreign and Security Policy. The EU High Representative for Foreign Affairs and Security Policy formulates a proposal, which is then examined and discussed by the Council’s preparatory bodies. To be adopted, the decision requires unanimity among the Members of the Council. Measures such as asset freeze or other types of economic and/or financial sanctions need to be implemented by means of a Council regulation.
The economic measures adopted in 2022, that are unprecedented in nature and scale, were taken in cooperation with the United States (US), Canada, the United Kingdom and other G7 countries, the European Free Trade Area members, and others.[4] The EU adopted different packages of restrictive measures against Russia, which included at first three types of sanctions: those targeting individuals, those targeting entities responsible for violating Ukraine’s territorial integrity, and a halt to any kind of trade with the separatist republics. At the same time, the US President signed an executive order prohibiting new investment, trade, and financing activities by State-owned entities with or from the separatist regions. All these measures were adopted in close coordination with EU partners and NATO allies.
By the first week of June 2022, the EU adopted six different packages of sanctions against the Russian Federation and Belarus. Italy worked with its EU and G7 partners to enforce unprecedented measures against these two Countries. On 21 June 2022, before the Senate of the Republic (443rd Meeting, XVIII Legislature), the President of the Council of Ministers, Mr. Mario Draghi, stated: “we support Ukraine and enforce sanctions on Russia, so that Moscow brings hostilities to an end and accepts to sit at the negotiating table”. After stressing that “sanctions work” and that “time has told that these measures are more and more effective”, he underlined: “our channels for dialogue remain open. We will not cease to sustain diplomacy and to strive for peace; a peace whose terms will be chosen by Ukraine”.
The Supply of Armaments to Ukraine
As a result of Russia’s war against Ukraine, EU Member States agreed to provide Ukraine with military equipment, including equipment intended to deliver lethal force. For the first time in its history the EU financed the supply of arms to a third Country. On 27 February 2022, the EU High Representative, Mr. Borrell, announced a proposal, based on a request for military assistance by Ukraine, to use the European Peace Facility (EPF).
The EPF is an off-EU budget instrument operational since 1 July 2021, which is meant to fund emergency assistance measures. Originally this included a support package worth €450 million for military equipment and platforms designed to deliver lethal force, and a €50 million package to finance supplies such as fuel, protective equipment and emergency medical items.[5] As of 16 May, Member States had agreed to make €1.5 billion available through the EPF to back the capabilities and resilience of Ukraine’s armed forces; an additional €500 million in assistance for 2022 was proposed on 13 May. The EPF will reimburse some of the equipment that Member States have provided or will provide to Ukraine.
On 1 March, President Draghi informed the Chamber of Deputies (648th Meeting, XVII Legislature) on the developments in the conflict between Russia and Ukraine. He stated:
As the Russian offensive has intensified, we have adopted an increasingly harsh and punitive response to Moscow. Militarily, the Supreme Allied Commander in Europe has issued the activation order for all five of the phased response plans I outlined last week.[6] This makes it possible to directly implement the first part of the plans and increase the deterrence posture on the Alliance’s eastern border with the forces already available. I am referring to the transition of the unit currently deployed in Latvia, to which Italy contributes 239 military personnel. As for the naval forces, they are already sailing, under NATO command. Our air forces, deployed in Romania, will be doubled, to ensure continuous coverage, together with the allies. Additional forces, already offered by individual Alliance member Countries, are on pre-alert status. Italy is ready, with a first group of 1,400 military personnel and a second of 2,000 units. […]
Italy responded to President Zelensky’s call for equipment, armaments, and military vehicles to protect itself from the Russian aggression.
It is necessary for the democratically elected Government to be able to resist the invasion and defend the Country’s independence. A people defending themselves against a military attack and asking our democracies for help cannot be answered only with encouragement and acts of deterrence. This is the Italian position, the position of the European Union, the position of our allies.
This convergence is the result of intense diplomatic activity. Last Friday I took part in a summit of NATO heads of State and government, where I reiterated that Italy is ready to do its part, to provide all the necessary forces. The next day I had a telephone conversation with Ukrainian President Zelensky, to whom I confirmed Italy’s full support. I told him about our intention to help Ukraine defend itself against Russia and reiterated our strong support for the EU position on sanctions. On Monday afternoon I participated in the video conference […] with the leaders of the G7, Poland, Romania, the Presidents of the European Commission and the European Council, and the Secretary-General of NATO. In these meetings, the European Union and the allies showed great firmness and unity. […]
The invasion by Russia is not only about Ukraine. It is an attack on our conception of relations between States, based on rules and rights. We cannot let Europe return to a system where borders are drawn by force and where war is an acceptable way to expand one’s area of influence. Respect for democratic sovereignty is a condition – it is the condition – for lasting peace.
On the very same day, with Resolution No. 6-00207 (which also received the approval of the Government, as expressed by the Undersecretary of State for the Presidency of the Council of Ministers, Mr. Vincenzo Amendola) the Chamber of Deputies committed the Government
to ensuring support and solidarity to the Ukrainian people and their institutions by activating, in the most expeditious and timely manner, all necessary actions to provide humanitarian, financial, economic and any other assistance, as well as – keeping Parliament constantly informed and in a coordinated manner with other European and allied Countries – the divestment of military means and instruments that would enable Ukraine to exercise its right to self-defense and protect its population.
On 1 June, in answering Question No. 3-03003 before the Chamber of Deputies (705th Meeting, XVIII Legislature), Minister Di Maio started by saying that the position of the Italian Government on the conflict in Ukraine “is clear and consistent”. He went on as follows:
We firmly condemn the unjustifiable aggression by the Russian Federation against a sovereign State, in violation of international law and the most elementary humanitarian principles. We continue to call for an immediate cessation of hostilities and to work resolutely for peace.
Our action has several, closely interlinked dimensions. We help the Government in Kiev and apply sanctions to increase the costs that Moscow bears for its aggression. These sanctions are decided within the EU framework and with an incremental logic.
The agreement reached yesterday by the European Council on the sixth package of measures extended to Russian oil is further confirmation of the unity with which Europe has demonstrated its ability to deal with this crisis. At the same time, we support with conviction the facilitation efforts also made by third Countries, such as Turkey, to reach a diplomatic solution.
Then, the Minister of Foreign Affairs illustrated the Italian position on the supply of armaments to Ukraine and in relation to the commitments made by the Government in Parliament. He stated:
We have supported and continue to support Ukraine on a political, financial, and humanitarian level, but also through support for the Ukrainian resistance, in a logic of legitimate defense in line with the provisions of Article 51 of the UN Charter. We do this in the wake of the resolution adopted by this Parliament by a very large majority on 1 March.
We do not seek military escalation, but diplomatic escalation. The objective is a negotiated rather than imposed peace, the result of sustainable, balanced and mutually acceptable agreements. One thing is certain: no one but Kiev can decide the future of Ukraine.
The recent contacts between the Prime Minister and President Putin and Zelensky, as well as our ongoing consultations with the European partners, NATO and the G7, point in this direction. We are under no illusion that there are ready-made solutions. We are aware that diplomacy proceeds patiently, by successive steps. We are working to outline a path towards peace, with no will to enter already the merits of the issues to be resolved, but by identifying the areas that should be addressed in negotiations to foster a sustainable solution. Peace is the common goal of the Government and of all the political forces in this House, and I am sure that this reflects the widespread and deep-rooted feeling of the Italian people.
During the already mentioned meeting of the Senate of 21 June, Resolution No. 6-00226 was passed with the approval of the Government. The resolution, whose text was phrased along the lines of Mr. Di Maio’s intervention of 1 June, committed the Government
to demand, together with our European partners, that the Russian authorities immediately cease war operations and withdraw all military forces that are unlawfully occupying the Ukrainian territory, through multilateral or bilateral initiatives aimed at a military de-escalation bringing to a turning point in the conflict, and by intensifying, at the same time, diplomatic efforts meant to find a peaceful resolution based on the respect for Ukraine’s sovereignty and territorial integrity as well as for the principles of international law; […]
to grant support and solidarity to Ukraine’s people and institutions, which are legitimated by Article 51 of the UN Charter establishing the right to individual and collective self-defense, while confirming Italy’s role in the framework of multilateral action – starting with the European Union and the North Atlantic Alliance – aimed at the achievement of the primary objective of a ceasefire and peace;
to keep on granting, according to what was set forth by Decree-Law no. 14 of 2022, the necessary and full involvement of the Houses pursuant to the modalities provided for, on the occasion of the most relevant international summits on the war in Ukraine and the measures to support Ukrainian institutions, including the transfer of military equipment.
Decree-Law No. 14 of 25 February 2022, mentioned in the resolution and converted into law by Law No. 28 of 5 April 2022, concerned urgent provisions related to the crisis in Ukraine. Article 2 of the law provides for the transfer to the governmental authorities of Ukraine, free of charge, of non-lethal military protective means and equipment. Article 2-bis, paragraph 1, authorizes, subject to an act of political guidance by the Parliament, the transfer of military means, materials and equipment to the authorities of Ukraine, derogating from the legislation which regulates the transfer of armament and non-armament materials.[7] Authorization as an exception to existing procedures was granted until 31 December 2022. According to paragraph 2 of the same provision, the Minister of Defense, in consultation with the Ministers of Foreign Affairs and International Cooperation and of Economy and Finance, shall define the list of military means, materials and equipment to be transferred as well as the implementation procedures. The Italian Government authorized the transfer of such military means to the governmental authorities of Ukraine through three different inter-ministerial decrees.[8]
Antonino Alì
A quotable version of this post was published in the Italian Yearbook of International Law: Alì, “The Russian Aggression Against Ukraine: Issues of Recognition, Sanctions and the Supply of Weapons”, IYIL XXXI (2021), 2022, pp. 522-529; available here.
[1] Press Statement by President Ursula von der Leyen of the European Commission and President Charles Michel of the European Council, available here.
[2] Statement attributable to the Spokesperson for the Secretary‐General – on Ukraine, available here.
[3] “EU adopts package of sanctions in response to Russian recognition of the non-government controlled areas of the Donetsk and Luhansk oblasts of Ukraine and sending of troops into the region”, 23 February 2022.
[4] See Alì, “Dalle misure restrittive dell’Unione europea alla ‘guerra economica’ nei confronti della Russia e della Bielorussia a seguito dell’invasione dell’Ucraina”, Questione giustizia, 2022, p. 42 ff. On the issue of sanctions see also Turrini, “The Legality of Sanctions Between the Condemnation of Their Extraterritorial Application and Humanitarian Concerns”, IYIL, 2022, p. 487 ff.
[5] Council Decision (CFSP) 2022/338 of 28 February 2022 on an assistance measure under the European Peace Facility for the supply to the Ukrainian Armed Forces of military equipment, and platforms, designed to deliver lethal force (OJ L 60, 28 February 2022, pp. 1-4) and Council Decision (CFSP) 2022/339 of 28 February 2022 on an assistance measure under the European Peace Facility to support the Ukrainian Armed Forces (OJ L 61, 28 February 2022, pp. 1-4).
[6] The reference is to a speech that Mr. Draghi held on 25 February 2022 before the Senate (409th Meeting, XVIII Legislature).
[7] Including Law No. 185 of 9 July 1990, on which see, e.g., Lerer, “The Position of Italy on the Cases of Arms Exports to Turkey, Saudi Arabia and the United Arab Emirates”, IYIL, 2020, p. 495 ff., and Id., “Arms Export to Some Near- and Middle-Eastern Countries”, IYIL, 2021, p. 534 ff.
[8] See the Decrees of the Minister of Defense in concert with the Minister of Foreign Affairs and International Cooperation and the Minister of Economy and Finance of 2 March 2022, 22 April 2022 and 10 May 2022.
Minister of Foreign Affairs and International Cooperation, Mr. Luigi Di Maio, 23 February 2022, Chamber of Deputies (644th Meeting, XVIII Legislature).
Italy's Diplomatic and Parliamentary Practice on International Law 