On 7 October 2023, Hamas launched an attack on the State of Israel, firing rockets from the Gaza Strip and breaching the Gaza “border” by air, sea and land. This attack resulted in approximately 1,200 deaths,[1] as well as the abduction of hostages in the Gaza Strip. The incident – and Israel’s subsequent military response – had a profound impact on the international community and occupied a significant part of the Italian parliamentary debate on foreign affairs in 2023, which continued in 2024.
Specifically, the main tenets of Italy’s position – which will be discussed below – include: 1. unequivocal condemnation of the Hamas attack and recognition of Israel’s right to self-defence, in accordance with international law; 2. condemnation of violations of international humanitarian law committed by both Israel and Hamas; 3. recognition of the obligation of both parties to ensure humanitarian access to civilians; 4. support for an administration in Gaza backed by the United Nations (UN) as a transitional step toward achieving a two-State solution.
Unequivocal condemnation of the Hamas attack and recognition of Israel’s right to self-defence in accordance with international law
Italy has repeatedly condemned the Hamas-led attack on Israel as a breach of international law. On 7 October 2023, the Minister of Foreign Affairs and International Cooperation, Mr. Antonio Tajani, declared that “[t]he Government condemns in the strongest terms the attacks on Israel”.[2] On 10 October, after receiving the favourable opinion of the Government, the Senate of the Republic adopted Resolution No. 1-00075 that, inter alia, “shares the firm condemnation already expressed by the Italian Government of the brutal aggression by Hamas against the territory and citizens of the State of Israel, in violation of all norms of international law”. On 12 December, before the Chamber of Deputies (212nd Meeting, XIX Legislature), the President of the Council of Ministers, Ms. Giorgia Meloni, reaffirmed the Italian Government’s stance of “firm condemnation of the terrorist attacks perpetrated by Hamas on 7 October”.
An analysis of these statements shows that Italy has at times characterized the use of force by Hamas as an act of aggression, a legal concept traditionally defined as an “invasion of a State by the armed forces of another State”.[3] However, it cannot be claimed that Italy equates the Gaza Strip with a State entity since, as will be seen below, the Italian Government has consistently voiced its support for a two-State solution under the leadership of the Palestinian Authority. Therefore, at most, these statements could imply that – in the opinion of the Italian Government – acts of aggression may also be perpetrated by non-State actors.[4]
Along with its unequivocal condemnation of the attacks perpetrated by Hamas, Italy explicitly recognized Israel’s right to self-defence, in accordance with international humanitarian law. On 15 November 2023, before the Chamber (196th Meeting, XIX Legislature), Mr. Tajani stated that Italy “condemn[s] in the strongest terms the barbaric attacks by Hamas and fully support[s] Israel’s right to exist and defend itself, in accordance with international law”. On 12 December 2023, Ms. Meloni made a similar statement before the Chamber (212nd Meeting, XIX Legislature) and the Senate (135th Meeting, XIX Legislature):
You know the position of the Italian Government. Firm condemnation of the terrorist attacks perpetrated by Hamas on 7 October, support for Israel’s right to exist and to defend its citizens and its borders, in line with humanitarian law and international law.[5]
Therefore, in addition to affirming Israel’s right to exercise self-defence, Italy also acknowledged that all parties involved in the conflict, regardless of the reasons for using force under jus ad bellum, must adhere to international humanitarian law. This implied reference to the principle of equality of belligerents is further emphasized in a statement by the Italian Minister of Defence, Mr. Guido Crosetto, on 22 November 2023. On this occasion, he stated: “[t]he international pressure on Israel from many countries, including Italy, has been discreet but strong and continuous: a democratic State cannot but abide by the rules of international law and humanitarian law, even when it goes to war and does so legitimately”.[6]
Condemnation of violations of international humanitarian law committed by both Israel and Hamas
The Italian position on the escalation of hostilities between the State of Israel and Hamas evolved as the international community gradually became aware of the gravity of the Israeli military response. While initially Italy’s statements focused almost exclusively on condemning Hamas indiscriminate attacks on Israel,[7] over time they were joined by repeated condemnations of the violations of international humanitarian law committed by Israel in its military response. With regard to Hamas, Italy deplored its use of human shields and, more generally, its violation of the obligation to take feasible precautions to protect civilians from the effects of attacks, such as avoiding placing military objectives near densely populated areas. On 25 October 2023, before the Chamber (184th Meeting, XIX Legislature), Ms. Meloni stated that she
agree[s] with what was said about international law [i.e., Israel has the right to self-defence, but its military action must fall within the parameters of international law], however, this is unfortunately a very thorny issue, because the Gaza Strip is a strip of land where about 2 million people live and where Hamas militiamen are hiding underground. So, this is the reason why Israel has called in recent days for the evacuation of civilians, because objectively it is difficult to ‘target’ that response on terrorism without there being collateral damage.
On 6 December 2023, before the Chamber (210th Meeting, XIX Legislature), Mr. Crosetto made a similar statement:
[…] reasoning based on international humanitarian law is correct, necessary, and indispensable, but unfortunately it seems sterile in the current context of Gaza. Hamas employs criminal tactics and procedures, such as using civilian infrastructure – especially hospitals – for war purposes and using the civilian population often as a shield. At the same time, Israeli bombardments, even if they are announced in advance and conducted with weapons systems that are described as high-tech and high-precision, do not guarantee the discrimination between legitimate and illegitimate targets, due to the high population density in Gaza, the need to hit the aforementioned Hamas tunnels, access to which was mostly inside public and private buildings, and the aforementioned use of civilians as shields.
Italy has also condemned Hamas for the desecration of corpses. In this regard, on 10 October 2023, before the Senate (111st Meeting, XIX Legislature), Mr. Tajani argued that “[d]esecrating the dead, even if they are enemies, is unacceptable. The vilification of corpses is a shameful thing: it is for cowards, not for combatants, because no combatant has the right to desecrate a fallen enemy”. Almost two months after Hamas attack on Israel, the Italian Government acknowledged that both parties had violated the principle of distinction between civilian and military targets. On 6 December 2023, before the Chamber (210th Meeting, XIX Legislature), Mr. Crosetto stated that “the conduct of operations on both fronts does not guarantee a sufficient distinction between military and civilian targets”. On 18 December 2023, Mr. Tajani issued the following statement on Israel’s military operations:
[…] we call on Israel to always react proportionately and to protect the civilian population. It seems serious to me that there are snipers shooting inside Christian churches, the terrorists are not there, the Hamas terrorists are in the underground tunnels. That is why I appealed to both the Israeli army and the government not to attack places of worship where unarmed people are and to safeguard the civilian population.[8]
In this case, Italy not only urged Israel to react proportionately and in adherence to the principle of distinction between civilians and military targets, but it also placed special emphasis on the specific need to protect religious sites.
Recognition of the obligation of both parties to ensure humanitarian access to civilians
Italy has consistently emphasized that it distinguishes between Hamas and the Palestinian people and has prioritized humanitarian access to essential resources such as food, water, medical care and other assistance necessary to meet humanitarian needs. Nevertheless, Italy has stressed the importance of oversight to ensure that funds are exclusively allocated for humanitarian purposes and are not diverted to support Hamas activities. On 25 October 2023, before the Chamber (184th Meeting, XIX Legislature), Mr. Tajani stated that
It is important to give continuity to the entry of aid, while being vigilant, of course, that it reaches those most in need and does not fall into the hands of Hamas. Protecting the defenceless means demonstrating in concrete terms that we distinguish between the Palestinian people and the terrorists who use them as a shield.
Furthermore, at the G7 Summit in Japan on 8 November, Mr. Tajani, together with the Foreign Ministers from Canada, France, Germany, Japan, the United Kingdom, the United States and the European Union High Representative underlined the obligation of the parties to the conflict to allow and facilitate the passage of humanitarian aid to civilians in need. Specifically, the G7 Foreign Ministers stated that
All parties must allow unimpeded humanitarian assistance for civilians, including food, water, medical care, fuel, and shelter, as well as access for humanitarian workers. We support humanitarian pauses and corridors to facilitate urgently needed assistance, the movement of civilians, and the release of hostages.[9]
In their statement, the G7 Foreign Ministers seem to have made reference to the general framework of humanitarian assistance, which extends to non-international armed conflicts. According to this legal framework, the refusal of parties to a conflict to allow the passage of humanitarian aid is considered arbitrary (and thus unlawful) if the aid complies with the fundamental humanitarian principles of humanity, neutrality, impartiality and independence.[10]
Support for a UN-backed administration in Gaza as a transitional step toward achieving a two-State solution
In 2023, Italy reaffirmed its longstanding support for a two-State solution by explicitly recognizing Israel’s right to exist and the Palestinian people’s right to self-determination with a view to the establishment of a Palestinian State governed by the Palestinian National Authority as the legitimate representative of the Palestinian people. For example, on 10 October 2023, Mr. Tajani made the following statement to the Chamber (175th Meeting, XIX Legislature):
We remain convinced that the only path to peace is a just and viable two-State solution, negotiated directly between the parties, in accordance with the parameters set by international law and the relevant Security Council resolutions.
On the same day, the Senate adopted Resolution No. 1-00076, stating that the Hamas attack “strikes at the Palestinian people’s aspirations for peace, and risks further distancing the path toward full recognition of their right to self-determination”.[11]
As mentioned above, Italy supports a two-State solution in the long-term. As a transitional step for the years immediately following the hoped-for cessation of hostilities, Italy supports the prospect of a UN administration running Gaza and preparing the ground for the return of the Palestinian Authority. On 15 November 2023, before the Chamber (196th Meeting, XIX Legislature), Mr Tajani clarified:
We must move forward in thinking about the day after in order to guarantee a credible political perspective for the Palestinian people, along with the security of Israel. Italy is at the forefront in working toward a solution that envisages a United Nations presence on the model of UNMIK in Kosovo and other similar missions. It could […] be an international interim administration to prepare the return of the Palestinian Authority to the leadership of Gaza. Conditions must be created for the resumption of political dialogue toward a two-State solution.
In conclusion, in 2023 Italy reaffirmed its long-standing positions on the Israeli-Palestinian conflict: on the one hand, the right of Israel to exist and, on the other hand, the right of the Palestinian people to self-determination and statehood. Regarding the resumption of hostilities between Israel and Hamas, Italy strongly condemned the Hamas attack, recognized Israel’s right to self-defence in accordance with international law, and condemned the violations of international humanitarian law committed by both sides.
Giulia Cagol
A quotable version of this post was published in the Italian Yearbook of International Law: Cagol, “The Hamas Attack of 7 October and Israel’s Military Response”, IYIL XXXIII (2023), 2024, pp. 533-538; available here.
[1] Armed Conflict Location & Event Data Project (ACLED), “Civilian Targeting Events and Fatalities Database 2020-2023”, mentioned in Center for Strategic & International Studies, “Hamas’s October 7 Attack: Visualizing the Data”, 19 December 2023.
[2] “Note from the Ministry of Foreign Affairs and International Cooperation on the attacks in Israel”, 7 October 2023.
[3] UN General Assembly, Definition of aggression, UN Doc. A/RES/3314(XXIX), 14 December 1974, adopted by consensus.
[4] Although non-State actors are not explicitly included in the definition of aggression provided by the UN General Assembly’s Resolution 3314, the fact that acts of aggression can be committed by non-State actors has gained support in State practice and the scholarly debate. According to Dinstein, for instance, “[i]t is today quite obvious that aggression can be committed by non-State actors, regardless of the involvement of any foreign State” and that such actions trigger the right to self-Defence of the attacked State (Dinstein, “Aggression”, Max Planck Encyclopaedia of International Law, last updated September 2015).
[5] It is worth noting that one of the reasons that led Italy to abstain in the vote on Resolution ES-10/21, adopted by the UN General Assembly on 27 October 2023 and calling for a humanitarian truce, was that the text “was missing the recognition of the legitimate right to self-defence of any State – of Israel, in this case – under attack. And that exercise of the right to self-defence should obviously be fully compliant with international law and international humanitarian law” (UN General Assembly, 10th emergency special session, Verbatim record of the 41st plenary meeting, 27 October 2023, UN Doc. A/ES-10/PV.41, p. 25).
[6] Italian Ministry of Defence, “Difesa: Crosetto tregua umanitaria frutto anche di impegno italiano – n.136”, 22 November 2023.
[7] For example, in the days immediately following the 7 October attack, Mr. Tajani stated before the Senate (184th Meeting, XIX Legislature) that “there is only one responsible for what is happening these days and that is Hamas”. On 10 October 2023, the Senate adopted Resolution No. 1-00076 claiming that “the indiscriminate attack by Hamas on Israel must be condemned in the strongest terms”. The Italian Government’s condemnation of the indiscriminate attacks carried out by Hamas on Israel continued in the following months. For example, on 6 December 2023, before the Chamber (210th Meeting, XIX Legislature), Mr. Crosetto stated that “Hamas […] reacted [to Israel’s massive military manoeuvre] with a dense barrage of rockets into Israel against largely civilian and often indiscriminate targets”.
[8] “Tajani, grave che cecchini sparino nelle chiese a Gaza”, ANSA, 18 December 2023.
[9] Italian Ministry of Foreign Affairs and International Cooperation, G7 Japan 2023 Foreign Ministers’ Statement, 8 November 2023.
[10] See Geneva Convention IV, 12 August 1949, entered into force 21 October 1950, Art. 23, and the ICRC Database of customary international humanitarian law, Rule 55. See also Additional Protocol I to the Geneva Conventions, 8 June 1977, entered into force 7 December 1978, Art. 70(2). Otherwise, if the G7 Foreign Ministers had characterized Gaza as an occupied territory, the regime of humanitarian assistance would have imposed more stringent obligations on the State of Israel. Specifically, if the G7 had designated Gaza as an occupied territory, they would not only have urged both parties not to obstruct the delivery of external humanitarian aid but would also have emphasized the primary obligation of the occupying power to meet the basic needs of the local population (Geneva Convention IV, Arts. 55 and 59(1); Additional Protocol I to the Geneva Conventions, Art. 69).
[11] Similarly, on 31 October 2023, Mr. Tajani released the following statement: “Palestine has a right to its own State, the only way to cut the grass under Hamas feet is to give this aspiration a perspective. This is the solution” (Italian Ministry of Foreign Affairs and International Cooperation, “Tajani: ‘I coloni non aizzino la violenza. Sulla manovra Meloni ci ha ascoltato’”, 31 October 2023).
Italy's Diplomatic and Parliamentary Practice on International Law 