Category Archives: Diplomatic Practice

Italy’s Reaction to the Use of Chemical Weapons at Khan Shaykhun and to the US Attack on a Syrian Airfield

On 4 April 2017, it was reported that the Syrian town of Khan Shaykhun – controlled at the time by the Tahrir Al-Sham Alliance – had been the object of an airstrike by the air force of the Government of President Bashar Al Assad.[1] As a result of the airstrike, chemical agents poisoned large numbers of civilians. 

In a report released on 30 June 2017, the Fact-Finding Mission of the Organization for the Prohibition of Chemical Weapons (OPCW) estimated the number of deaths “as approximately 100 people” and determined that “Sarin or a Sarin-like substance” had been used as a weapon in Khan Shaykhun.[2] It took until 27 October 2017 for the OPCW-United Nations Joint Investigative Mechanism to take position on the responsibility for the attack and affirm that the Leading Panel of the mechanism itself was “confident that the Syrian Arab Republic is responsible for the release of Sarin at Khan Shaykhun on 4 April 2017”.[3]

In the aftermath of the attack, however, several countries condemned the action and the United States (US), the United Kingdom and France openly called into question the responsibility of the Syrian Government.[4] The US President, Mr. Donald Trump, condemned the attack as “intolerable” and openly blamed the inaction of his predecessor Barack Obama, who, after establishing “a ‘red line’ against the use of chemical weapons did nothing”.[5] On its part, the Syrian government denied any involvement in the use of chemical weapons.[6] The Government of the Russian Federation offered alternative explanations of the events, mentioning the fact that the Syrian Air Force could have “bombed an underground factory producing chemical warfare agents” or alluding to a possible “provocation by the terrorists”.[7] Within the United Nations (UN) Security Council, a draft resolution condemning the attack – tabled by France, the United Kingdom and the US – was vetoed by the Russian Federation, with the abstention of China, Ethiopia and Kazakhstan.[8] 

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Italy’s Involvement in Post-Conflict Lybia through the Lybian Coast Guard Training Mission

Post-conflict Libya has been riven by internal conflict, institutional, political and social instability as well as a grave humanitarian crisis. The achievement of stability in Libya has been of concern to the international community, in particular in light of the serious consequences of internal conflict and fragmentation on, inter alia, the fight against terrorism and the Islamic State, as well as against human trafficking and migrant smuggling across the Mediterranean Sea[1].

Historically a prominent international actor in the country, Italy has strongly supported the Government of National Accord, formed under the terms of the Libyan Political Agreement signed in Skhirat, Morocco, on 17 December 2015[2], and endorsed by the United Nations (UN) Security Council as the sole legitimate executive authority in Libya[3]. On 8 May 2017, during a briefing at the UN Security Council on the situation in Libya (7934th Meeting)[4], the Permanent Representative of Italy to the United Nations, Ambassador Sebastiano Cardi, declared:

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On the Right of Defense before the Roman Rota

On 10 March 2017, during a meeting of the Camera dei Deputati (Chamber of Deputies, 757th Meeting, XVII Legislature), Mr. Renato Brunetta, a member of the Italian Parliament, posed an interpellation to the Sottosegretario di Stato per la Giustizia (Undersecretary of State for Justice), Mr. Gennaro Migliore, regarding the right of defense before the Roman Rota[1] in trials aimed at obtaining a declaration of nullity of marriage. In particular, Mr. Brunetta drew the Government’s attention to the fact that the Decano del Tribunale della Rota Romana (Dean of the Ecclesiastical Court), through a decree issued in December 2015, was preventing the parties to such trials from appointing their own defenders by claiming that prerogative for himself. The right of defense is enshrined in Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), to which the Holy See is not a party. The ECHR, however, is binding upon Italy, for which the same right is also a fundamental principle at the constitutional level.[2]

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The Government’s Position Vis-à-vis Egypt on the Killing of the Italian National Giulio Regeni

At the beginning of 2016, the Italian national Giulio Regeni was murdered in Cairo in unclear circumstances. This soon became a major issue in the foreign policy of Italy and a cause of tension in its relations with Egypt. The event is here illustrated through the accounts given by the members of the Italian Government themselves, on the occasion of official reports to the Parliament. At the same time, some important political and legal aspects are also briefly addressed.

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Minister Plenipotentiary Tiriticco on the inchoate right to human dignity

NEW YORK, 71st GENERAL ASSEMBLY MEETING ON THE REPORT OF THE INTERNATIONAL COURT OF JUSTICE, 27 OCTOBER 2016

On 27 October 2016, at the 71st General Assembly Meeting on the Report of the International Court of Justice, Minister Plenipotentiary Andrea Tiriticco, Director for International Legal Affairs at the Ministry of Foreign Affairs, reaffirmed Italy’s abidance by the international rule prohibiting the use of force in inter-State relations. In his words:

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The Government’s views on the imposition of an embargo on countries allegedly involved in arms trafficking with ISIL/Daesh and on common actions to counter terrorism

In the last quarter of 2015 the Government reported twice before the Chamber of Deputies on its arms sales policy to certain Middle East countries allegedly involved in illicit arms trafficking with ISIL/Daesh. The Government also explained which measures and actions Italy has undertaken in the fight against ISIL and foreign terrorist fighters. The most salient points from the two speeches follow:

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A statement of the Undersecretary of State for Defence on the operations of biometric data capture by the Italian Armed Forces abroad

SENATE OF THE REPUBLIC, 4th PERMANENT COMMISSION (DEFENCE), XVII LEGISLATURE, 141st MEETING, 22 JULY 2015.

On 22 July 2015, the Undersecretary of State for Defence, Mr Gioacchino Alfano, answered a parliamentary question relating to the constitution and the deployment of an elite unit of the Armed Forces within the Task Force 45 (TF45) of the NATO-covered ISAF in Afghanistan. Being TF45 provided with biometric data capture equipment for their role of support to the Afghan security forces, Mr Gioacchino Alfano dwelled on the legal basis for the collection of such data. He stated:

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A Statement by the Minister of Defence, Ms Roberta Pinotti, on the Libyan crisis

On 12 December 2014, the Italian Minister of Defence, Ms Roberta Pinotti, was interviewed by Mr Paolo Valentino, a journalist with the Italian newspaper Corriere della Sera. Before replying to – and denying – a rumour according to which she could become the next President of the Republic of Italy, she answered a number of questions concerning her Country’s foreign policy. She expressed Italy’s willingness to be protagonist in the Libyan crisis and to “provide its soldiers to a United Nations peacekeeping force”, but only upon certain conditions. In this respect, according to the Minister:

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Statement of the Minister of Foreign Affairs, Mr Gentiloni, on Freedom of Expression

CHAMBER OF DEPUTIES, XVII LEGISLATURE, 339th MEETING, 26 NOVEMBER 2014.

On 26 November 2014, during a question time at the Chamber of Deputies, the Minister of Foreign Affairs, Mr Paolo Gentiloni Silveri, answered a parliamentary question by MP Gianluca Pini on Italy’s abstention during the voting of the UN General Assembly Resolution on the inadmissibility of certain practices related to the  Glorification of Nazism. The MP highlighted that in the case of the resolution – which was voted on 21 November 2014 – 115 were the favourable votes, 55 the abstentions (including Italy as well as all the EU member States) and 3 the contrary votes (Canada, the United States and Ukraine). He expressed astonishment at the decision of Italy to abstain, underlining that his country was not obliged to conform to the decisions of the other European countries.

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A Statement by the President of the Council of Ministers, Mr Matteo Renzi, on the European Council of October 2014

SENATE OF THE REPUBLIC, XVII LEGISLATURE, 336th MEETING, 22 OCTOBER 2014.

On 22 October 2014, the President of the Council of Ministers, Mr. Matteo Renzi, outlined before the Senate the position of Italy on the topics to be discussed at the European Council of 23-24 October 2014, i.e. the new climate and energy policy framework, the economic situation in the EU and other external relation issues in the light of the developments on the international scene.

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