At the beginning of 2022, when the invasion of Ukraine by the Russian Federation started, several factors would have led one to question Italy’s ability to condemn the unlawful use of force. Italy was heavily dependent on gas supplies from Russia by virtue of a decades-long policy of cooperation in the energy sector (a situation that changed radically in the space of a year).[1] Some parties with governmental responsibilities in both the executive led by Mario Draghi and the subsequent one led by Giorgia Meloni,[2] had also shown over time that they had a network of relations with the Russian leadership.[3] Furthermore, the presence of a strong pacifist movement within public opinion had led some analysts to doubt whether the country would adopt a firm political stance towards the Russian Federation involving the supply of weapons or some form of participation in the conflict.[4]
Nevertheless, both Governments that were in office during 2022 clearly condemned the actions of the Russian Federation, which resulted in the rapid adoption of the sanctions envisaged by the European Union, along with the decision to provide not only economic and humanitarian assistance to Ukraine, but also war material of an offensive nature. According to data collected by the Kiel Institute for World Economy in the period from 24 January 2022 to 24 February 2023, Italy was among the 31 States that decided to provide Ukraine with military assistance.[5] In the case of Italy, the financial commitment was 310 million euros for economic assistance, 5 million for humanitarian assistance and 660 million for military assistance. This is equivalent to a total bilateral commitment of 1.2 billion euros. Italy also participated in the economic commitments undertaken by the European Union (EU) for a total quota of 4.48 billion euros. Italy ranks tenth (after the United States, the United Kingdom, Germany, Japan, the Netherlands, Canada, Poland, France, and Sweden) in terms of total bilateral aid and twenty-fourth in terms of aid in relation to GDP.
Overall, Italy’s position with regard to the conflict in Ukraine is very much in line with that of its main allies within the EU and NATO. There are no unilateral initiatives of depth to report. The only partial exception occurred on 19 May 2022, when the Ministry of Foreign Affairs and International Cooperation undertook an attempt at mediation by submitting a four-point peace plan to the belligerents and the United Nations Secretary General. According to the descriptions of the plan published in the press, the first step was a ceasefire, which should have been accompanied by supervisory mechanisms and the demilitarization of the front line and would have prepared the ground for a final cessation of hostilities. The second step revolved around multilateral negotiations on Ukraine’s future international status. The third point concerned the definition of the bilateral agreement between Russia and Ukraine on territorial issues, again subject to international mediation. The fourth step involved the proposal of a new multilateral agreement on peace and security in Europe, in the context of the OSCE and the EU Neighbourhood Policy.[6] The plan was greeted with skepticism by the EU[7]and Ukraine[8] and was rejected by the Minister of Foreign Affairs of the Russian Federation, Mr. Sergej Lavrov, who described it as “not serious”.[9]
Besides this isolated and not very successful attempt at mediation, Italy’s stance is marked by a broad alignment with the prevailing views within the EU and NATO. The Italian position of firmly condemning the Russian aggression against Ukraine emerged in the immediacy of the invasion and was outlined by the then President of the Council of Ministers, Mr. Mario Draghi. On 25 February 2022, the day after the launch of the so-called “Special Military Operation” by the Russian Federation, Mr. Draghi addressed the Chamber of Deputies for an urgent briefing on the situation in Ukraine (646th Meeting, XVIII Legislature). He expressed first of all a clear condemnation of the invasion of Ukraine, worded as follows:
Italy condemns in the strongest terms the invasion, which we find unacceptable. The attack is a very serious violation of the sovereignty of a free and democratic State, a violation of international treaties and a violation of the most fundamental European values. I want to express, once again, the solidarity of the Italian people and Government with the Ukrainian people and President Zelensky. The return of war to Europe cannot be tolerated, but we must be aware that the agenda of Russia and its President is vast, complex and long premeditated.
Secondly, President Draghi described the first steps taken by Italy, both bilaterally and in multilateral cooperation. He stated in general terms:
Italy reacted to this conflict immediately and summoned the ambassador of the Russian Federation yesterday morning at the Ministry of Foreign Affairs. We called on Moscow to cease the offensive and to withdraw its forces unconditionally, and reiterated Italy’s full support for Ukraine’s territorial integrity and sovereignty. Also, yesterday morning, I spoke with various European leaders, President Macron, German Chancellor Scholz, European Council President Michel and European Commission President von der Leyen. With them I shared the strong condemnation of an unprovoked and unjustified attack on Ukraine. In the early afternoon we met with the other G7 leaders and adopted a declaration strongly condemning Russian aggression, calling for a cessation of hostilities and a call for a return to negotiations.
He continued describing the first initiatives of financial assistance undertaken by his Government:
As far as the bilateral plan is concerned, we are defining a 110 million euros package for financial aid to Ukraine, for humanitarian purposes and for macro-financial stabilization, because whatever the outcome of this already dramatic conflict, one outcome has certainly been achieved: basically that of destroying the foundations of the Ukrainian economy and society. […] In the area of defense, assistance measures are being prepared, in particular, in the field of mine clearance and the supply of protective equipment. The Italian Government has always hoped, together with its international partners, to resolve the crisis peacefully and through diplomacy. Any dialogue, however, must be sincere and, above all, useful. This week’s violence by Russia makes such a dialogue, in fact, impossible. Our priority today must be to strengthen the security of our continent and exert maximum pressure on Russia to withdraw its troops and return to the negotiating table.
He then dwelled on the role of NATO and expressed his Government’s readiness to deploy some troops on the Eastern flank of the Alliance:
On the military side, NATO has already taken action. Yesterday, the North Atlantic Council met, based on Article 4 of the Washington Treaty, and approved five gradual response plans which, in this first phase, aim to consolidate the deterrence posture in the East. Subsequent phases, subject to scenario developments, envisage the adoption of a posture of defense and, subsequently, the re-establishment of security. The plans envisage two fundamental aspects: the increase in the forces deployed in allied territory, with the transit of military units under the chain of command and control of the Supreme Allied Command in Europe, and the use of rules of engagement designed for immediate engagement. The Italian forces that we expect to be deployed by NATO consist of units already deployed in the area of operations – about 240 men currently deployed in Latvia, together with naval forces and aircraft in Romania – and others that will be activated at the request of the Allied Command. For these we are ready to contribute around 1,400 men and women from the Army, Navy and Air Force and a further 2,000 available military personnel. The forces will be deployed within NATO’s area of responsibility and there is no implied authorization to cross borders.
A few days later, on 1 March 2022, President Draghi reported before the Senate of the Republic on developments in the conflict between Russia and Ukraine (410th Meeting, XVIII Legislature). He described the invasion of Ukraine by Russia as “a decisive turning point in European history” and stated that “the conquests of peace, security and well-being that the generations before us had achieved with enormous sacrifices” could no longer be taken for granted. He praised the “heroic resistance of the Ukrainian people” and affirmed that, confronted with “a new reality”, Italy could be forced “to make choices which were unthinkable just a few months ago”. Firstly, he expressed again a firm condemnation of the Russian aggression against Ukraine:
Russia’s premeditated and unprovoked aggression against a neighboring country takes us back more than eighty years. It is not just an attack on a free and sovereign country, but an attack on our values of freedom and democracy, an attack on the international order we have all built together.
He then continued affirming the unlawfulness of the Russian Federation’s recognition of the Donetsk and Luhansk Republics.[10] He stated:
President Putin’s design reveals itself today with sharp contours in his words and deeds. In 2014, Russia annexed Crimea in an illegal referendum and began to financially and militarily support the separatist forces in the Donbass. Last week it recognized the two so-called republics of Donetsk and Luhansk. Soon thereafter, following weeks of disinformation, it invaded Ukraine under the pretext of a special military operation. Threats to make those who dare to impede the invasion of Ukraine pay, with consequences never before experienced in history, and the extreme blackmail of resorting to nuclear weapons demand a swift, firm and above all united reaction. Tolerating a war of aggression against a sovereign European State would mean putting peace and security in Europe at risk, perhaps irreversibly. We cannot let this happen.
He then added a call for caution, urging a distinction between the responsibilities of the Russian State and the position of the Russian people:
While we condemn Putin’s stance, we must remember that this is not a fight against the Russian nation and citizens, many of whom do not approve of the actions of their Government. Since the start of the invasion, some 6,000 people have been arrested in Russia for demonstrations against the invasion of Ukraine, 2,700 on Sunday alone. I admire the courage of those taking part in the demonstrations. The Kremlin should listen to these voices and abandon its war plans.
After describing the activities his Government intended to undertake in the field of humanitarian assistance and assistance to Ukrainian refugees, Mr. Draghi directly addressed the issue of the provision of arms. He stated:
Italy responded to President Zelensky’s call for equipment, armaments, and military vehicles to protect itself against the Russian aggression. The democratically elected Government must be able to resist the invasion and defend the country’s independence. A people defending itself 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.
President Draghi then described the new package of sanctions which was being discussed within the EU, which included measures aimed both at preventing the Russian Central Bank from using its international reserves and at removing some Russian banks from the SWIFT system of interbank payments. He then expressed Italy’s readiness for new sanctions and described his personal role in the elaboration of new targeted measures:
Italy is ready for additional sanctions if they are needed. In particular, I have proposed to take further targeted measures against the oligarchs. The idea is to create a public international register of those oligarchs with assets exceeding 10 million euros. I then proposed to further intensify the pressure on the Russian Central Bank and to ask the Bank for International Settlements, which is based in Switzerland, to participate in the sanctions.
Subsequently, he discussed the effects of the adoption of unprecedented decisions within the EU legal system and he argued for greater integration between Member States in the field of common defense policy:
The European Union has shown enormous determination in supporting the Ukrainian people. In doing so, it has taken decisions unprecedented in its history, such as buying and supplying arms to a country at war. As it has done on other occasions in European history, the Union has accelerated its course of integration in the face of a crisis. Now, it is essential that the lessons of this emergency are not wasted. In particular, it is necessary to press ahead on the path of common defense in order to acquire a true strategic autonomy that is complementary to the Atlantic Alliance. The threat brought by Russia today is a push to invest more in defense than we have ever done before. We can choose whether to do this at national or European level. My hope is that all countries will increasingly choose to adopt a common approach, an investment in European defense is also a commitment to be allies.
Finally, he concluded his speech with a general reflection on the systemic effects of the conflict in Ukraine:
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 and it is in the heart of the Italian people who, as Alcide De Gasperi[11] said, are ready to join with other countries to build a fairer and more humane world. The struggle we support today, the sacrifices we will make tomorrow are a defense of our principles and our future, and that is why I ask Parliament for its support today.
It is worth noting that already on 25 February 2022, the Government had adopted Decree-Law No. 14 authorizing the participation of military personnel in NATO initiatives for deployment in the Very High Readiness Joint Task Force (until 30 September 2022) and the transfer of non-lethal and lethal military means and equipment to the Government of Ukraine for the year 2022. In this regard, Article 2 bis of the Decree-Law provided for an explicit derogation from the Italian law on arms exports (Law No. 185 of 9 July 1990), which prohibits the transfer of arms to countries where a conflict is ongoing. Article 2 bis also derogated from Articles 310 and 311 of the Code of the Military Order (Codice dell’ordinamento militare), which regulated restrictively the disposal of movable property, whether for consideration or free of charge, by the Ministry of Defense. The Decree-Law thus provided that the list of military means, materials and equipment to be transferred would be defined “by one or more decrees of the Minister of Defense, in agreement with the Minister of Foreign Affairs and International Cooperation and with the Minister of the Economy”. The validity of Article 2 bis was, however, conditional on the adoption of an act of guidance by the Chambers.
For this reason, on 1 March 2022, the two branches of Parliament, at the conclusion of the communications made by the President of the Council of Ministers, passed resolutions (No. 6-00208 at the Senate, No. 6-00207 at the Chamber) committing the Government to activate “all necessary actions to ensure humanitarian, financial, economic and any other kind of assistance, as well as – keeping Parliament constantly informed and in a coordinated manner with other European and allied countries – the transfer of military equipment and instruments that would allow Ukraine to exercise its right to legitimate defense and protect its population”. Subsequent resolutions (No. 6-00226 at the Senate, No. 6-00224 at the Chamber) were adopted on 21 and 22 June. These committed the Government “to continue to ensure […] the necessary and broad involvement of the Chambers […] on the occasion of the most important international summits concerning the war in Ukraine and the measures to support Ukrainian institutions, including the transfer of military supplies”. During the course of 2022, five ministerial decrees were adopted to implement the system of authorization provided for in Decree-Law No. 14 (on 2 March 2022, 22 April 2022, 10 May 2022, 26 July 2022 and 7 October 2022).
The debate on the provision of arms to Ukraine re-emerged in Parliament later that year, during the ensuing legislature, in relation to the adoption of the bill converting Decree-Law No. 185 of 2 December 2022 containing urgent provisions for the extension of the authorization for the transfer of material means and military equipment in favor of the Government of Ukraine. While the authorization system described above remained unchanged, Decree-Law No. 185 extended the authorization for the supply of weapons until 31 December 2023.
On 30 November 2022, the Chamber approved Motion No. 1/00031, which committed the Government to extend until 31 December 2023 the authorization, subject to an act of guidance by the Parliament, for the transfer of military means, materials and equipment to the authorities of Ukraine in accordance with the procedure set forth by Article 2 bis of Decree-Law No. 14. During the works of the Permanent Committee on Foreign Affairs and Defense (3rd) of the Senate, on 6 December 2022 (5th Meeting, XIX Legislature), the Undersecretary of State for Defense, Mr. Matteo Perego di Cremnago, expressed the position of the Meloni Government and made ample reference to the right of self-defense. He recalled that:
the Government acts first and foremost in accordance with the dictates of Article 51 of the UN Charter, which enshrines the natural right of self-defense, individual or collective, in the event a country is attacked. It acts in the interests of protecting the values of democracy and freedom.
He then concluded his statement as follows:
the Government is making every possible effort to sit around a table for peace negotiations, but what is peace? Peace today, if we were to impose the conditions on the Ukrainians, would not be real peace, but a surrender and a defeat, and I believe that it is the sacrosanct right of an attacked country, when there is a blatant violation of international law, as in this case, and a blatant violation of national borders, to defend itself and that it is the responsibility of those who believe in the values of freedom to support this defense. This is what we are doing, what the Draghi Government has done, what the Meloni Government is doing and what this majority is doing, and it is what this House in almost its entirety has endorsed today. It would have been nice if there had been unanimity on this, because we all want peace, there is no one in this House who wakes up in the morning and says they support the conflict in Ukraine. On the contrary, clearly, we all want this conflict, which has dramatic repercussions on Ukrainian citizens, as it does on citizens all over the world, because of the instability it is bringing, because of the crisis it is causing, to end as soon as possible, but keeping the beacon of international law firmly in place. It cannot be that one country invades another and we stand by and watch Ukraine’s defeat. It must not happen today, and it will never happen.
Along similar lines, on 13 December 2022, the Minister for Defense, Mr. Guido Crosetto, expressed the position of the Government before the Senate of the Republic (17th Meeting, XIX Legislature). First of all, he made clear reference to the right to self-defence of the State victim of aggression:
There is no doubt that we all desire peace, but we must question whether the goal can be pursued without providing assistance to a country that is subjected to unjustified, unilateral aggression in violation of international law. The response we have given in recent months, in discussions with our traditional and historical allies, has been clear: no. This is not only because we considered it right and proper to help an aggressed nation to defend itself, but also because we are faced with a situation in which the intransigence so far demonstrated by the Russian leadership leaves no room at the moment to undertake any negotiations for a just peace.
Then the Minister approached a new issue, which had not yet emerged clearly in parliamentary debates on the conflict in Ukraine, namely whether an abstentionist policy could have been chosen by the Italian Government. He stated:
Today we face another issue. With our historical allies, faced with the aggression of a free democratic nation within Europe and on our borders, we decided to react, not to remain indifferent and to help an invaded people in every possible way without directly entering the conflict. Could we have decided not to? Yes. Could we have turned a blind eye and considered it irrelevant, a quarrel between neighbors irrelevant to the rest of the world? Could we have judged Russian aggression as normal and acceptable, compatible with a peaceful future in Europe? Our answer was no, it was no for everyone, even for those who had thought that Russia should little by little become a reliable and privileged partner for the European Union, even for those who cherished respect for Russian-speaking linguistic minorities.
He further explained:
The fundamental discussion, however, was about something else, namely the possibility of remaining third. Someone tried to say that there could be a third way, that of pretending nothing was happening, of sitting in a corner, waiting for events to pass and determine something without taking part in them, and they tried to explain that this attitude would have shielded Italy from the consequences that this war has caused in the world.
He then concluded his statement as follows:
In the face of these facts, there was no other option for Europe and the western community than to support Ukraine in every way possible so that it could defend itself and the conditions could be created for a peace table to which the invader did not dictate the terms. I repeat the question: could we keep ourselves outside, on the sidelines? No. Nations that have chosen not to take side and be neutral for centuries, such as Sweden and Finland, certainly could not do so. Some argue that it would have been simpler and easier to try to make other choices, but between what was simple and what was right, we chose to do what was right. There is no doubt that we all want peace, but the goal cannot be pursued without providing assistance to a country that is subjected to unilateral aggression in violation of international law.
In this regard, some resolutions were adopted on 13 December 2022 with the favorable opinion of the Government (Nos. 6-00012, 6-00014 and 6-00016 at the Chamber). In the case of Resolution No. 6-00016, it is noteworthy that, in formulating the Government’s favorable opinion, Mr. Crosetto requested a rewording of the paragraph on the transfer of armaments so that the phrase “enabling Ukraine to exercise its right to self-defense and protect its population” was inserted. As for Resolution No. 6-00012, it referred to some legal bases for the provision of assistance to Ukraine. The relevant parts of the preamble read as follows:
the invasion of Ukraine by the Russian Federation represents a violation of the principles and rules that govern the life of the international community and, in particular, respect for the independence, sovereignty and territorial integrity of every State;
the Russian Federation has been guilty of a very serious violation of international law by attacking Ukraine, including through atrocities and hostile actions against civilian targets;
in line with the United Nations Charter and international law, Ukraine exercised its legitimate right to defend itself against Russian aggression in order to regain full control of its territory and to liberate the occupied territories within its internationally recognized borders; […]
in the margins of the G20 summit in Bali on 15 and 16 November, a joint declaration by the G7 leaders reaffirmed their refusal to recognize the illegal annexation of Ukrainian territories in violation of international law and order, and the right of Ukraine to defend itself in line with Article 51 of the UN Charter and international law […].
The resolution then committed the Government inter alia:
to continue ensuring full support and solidarity to the Ukrainian people and institutions, through all necessary forms of assistance, also with a view to ensuring the right to individual and collective self-defense enshrined in Article 51 of the United Nations Charter, confirming all the commitments made by Italy in the framework of multilateral action, starting with the European Union and the Atlantic Alliance, with respect to the serious, inadmissible and unjustified Russian aggression against Ukraine […].
Overall, the position of the Italian Governments on the conflict between Russia and Ukraine and, in particular, on the provision of weapons and assistance to the attacked country is highly consistent. The invasion of Ukraine is qualified without hesitation as an act of aggression incompatible with the UN Charter and international law. The violation of Ukraine’s territorial integrity and sovereignty is emphasized. The inadmissibility of any form of annexation by the Russian Federation is inferred.
The adoption of supporting measures is mainly justified with reference to Ukraine’s right to self-defense. Assistance to Ukraine and, in particular, the transfer of weapons thus seem to be conceived of as functional to self-defense, as preconditions to enable its effective exercise. It is not entirely clear whether, in the light of the proposed arguments, assistance activities are interpreted as collective self-defense, especially considering that a request for assistance had been made by the Ukrainian Government, or, rather, as a form of assistance to Ukraine’s individual right to self-defense.[12]
The statement by the Minister of Defense, Mr. Crosetto, is of particular interest because, unlike the others, it seems to refer, albeit vaguely, to the law of neutrality. In this regard, Italy has signed but never ratified the 1907 Hague Conventions on neutrality (the Fifth and Thirteenth) and the absence of a full discussion of the obligations arising from this body of rules may therefore be understandable. However, the provision of weapons, and possibly also of economic assistance, can be seen as typical violations of neutrality under customary law, either of the duty of abstention or of the principle of impartiality.[13] The language used by Mr. Crosetto, in this respect, seems to imply that neutrality is merely a political choice by State authorities, a choice that Italy refused to make. Such confinement of neutrality to a political dimension could be interpreted as evidence of the obsolescence of this set of rules. Alternatively, the view could be taken that in the presence of blatant violations of the ius ad bellum, even in the absence of a centralized decision by the Security Council, the Italian Government considers the adoption of a neutrality status inadmissible or irrelevant.[14] There is, however, no clear indication in the practice examined as to how to answer this question.
Marco Pertile
A quotable version of this post was published in the Italian Yearbook of International Law: Pertile, “The Reaction to the Russian Federation’s Invasion of Ukraine and the Debate on the Provision of Weapons to the State Victim of Aggression”, IYIL XXXII (2022), 2023, pp. 522-532; available here.
[1] “Italy Secures Enough Supplies for Winter Without Russia Gas”, Bloomberg, 27 September 2022.
[2] Giorgia Meloni took office as Prime Minister on 25 October 2022 leading a coalition government with a large majority in both chambers.
[3] “Why Russia Is the Big Winner in Italy’s Election”, Foreign Policy, 12 October 2022.
[4] “Analysis: Italy’s politics, public opinion, could weaken West’s anti-Putin front”, Reuters, 7 April 2022.
[5] Trebesch et al., “The Ukraine Support Tracker: Which Countries Help Ukraine and How?”, Kiel Institute for the World Economy Working Paper No. 2218, February 2023.
[6] “La pace in 4 tappe. Sul tavolo dell’Onu arriva il piano del governo italiano”, La Repubblica, 19 May 2022.
[7] “Ukraine: EU ‘takes note’ of Italian peace plan”, ANSA, 20 May 2022.
[8] “No ceasefire without complete withdrawal of Russian troops – Podolyak”, The New Voice of Ukraine, 19 May 2022.
[9] “Ukraine: Italian peace plan ‘not serious’ says Lavrov”, ANSA, 26 May 2022.
[10] For a broader discussion of the issues surrounding the duty of non-recognition, see the contribution by Alì in this review (IYIL XXXII, 2023).
[11] Founder of the Christian Democratic Party and President of the Council of Ministers of eight coalition governments from 1945 to 1953 (translator’s note).
[12] Green, “The Provision of Weapons and Logistical Support to Ukraine and the Jus ad Bellum”, Journal on the Use of Force and International Law, 2023, p. 3 ff. An alternative qualification, which nevertheless raises significant problems, could be based on the theory of third-party countermeasures for breach of erga omnes obligations. See Talmon, “The Provision of Arms to the Victim of Armed Aggression: The Case of Ukraine”, Bonn Research Papers on Public International Law, Paper No. 20/2022.
[13] Heller and Trabucco, “The Legality of Weapons Transfers to Ukraine Under International Law”, Journal of International Humanitarian Legal Studies, 2022, p. 251 ff., pp. 258-260; see also the article by Bartolini and Pertile in this Volume (IYIL XXXII, 2023)
[14] On this, see Clancy, “Neutral Arms Transfers and the Russian Invasion of Ukraine”, ICLQ, 2023, p. 527 ff.; and Talmon, cit.supra note 12, pp. 8-12, who argues that the law of neutrality would be inapplicable in clear cases of aggression.
Italy's Diplomatic and Parliamentary Practice on International Law 