Category Archives: United Nations

The Non-Recognition of the Taliban Government of Afghanistan

Leave a reply

Following the so-called Doha Agreement,[1] in April 2021 the final phase of the withdrawal of the United States (US) Army and all North Atlantic Treaty Organization forces on Afghan territory began. In May 2021, the Taliban launched their offensive, conquering in a rapid succession most capitals of the country’s provinces. The peak of the Taliban military attack occurred on 15 August 2021, the day of the conquest of Kabul. The subsequent escape of the President of Afghanistan, Mr. Ashraf Ghani, to the United Arab Emirates marked the capitulation of the Armed Forces of Afghanistan, the end of the Islamic Republic of Afghanistan, which had been established in 2004, and the restoration of the Islamic Emirate of Afghanistan by the Taliban.

Continue reading →

The Scope of the Immunity of United Nations Personnel

Leave a reply

On 15 July 2020, Carmine Mario Paciolla, an Italian citizen working with the United Nations (UN) Verification Mission in Colombia, was found dead in his home in San Vicente del Caguán, in the Department of Caquetá, Colombia. The day after Paciolla’s death, a team of the Special Investigation Unit of the UN Department of Safeguard and Security collected all his personal belongings and cleaned up the apartment where he was living. No official of the General Prosecutor of Colombia or of the Colombian judicial police was present at this time. The staff of the UN Verification Mission was reminded that they were under an obligation to maintain confidentiality.[1] The Italian judicial authorities have, since August 2020, sought the cooperation of the UN to clarify the facts of the case and establish any responsibility.[2]

Continue reading →

The Resumption of Hostilities between Israel and Palestinian Armed Groups and the Qualification of Palestinian Civil Society Associations as Terrorist Organizations

Leave a reply

The year 2021 was marked by the most violent escalation of hostilities between Israel and Palestinian armed groups in Gaza since 2014. In May, clashes and protests for scheduled forced evictions of Palestinian families from the Sheikh Jarrah neighborhood in East Jerusalem, and for increasing Israeli settlement activity, spiraled into eleven days of military confrontation. On 17 May 2021, at the Security Council open debate on “The situation in the Middle East, including the Palestinian question”, the European Union (EU) expressed its concerns over the upsurge in violence and called “for an immediate cessation of hostilities”.[1] Similarly, on 12 May, the United Nations (UN) Secretary-General remarked that “de-escalation is an absolute must to protect the lives of civilians”.[2] 

Continue reading →

The Legality of Sanctions Between the Condemnation of Their Extraterritorial Application and Humanitarian Concerns

Leave a reply

On 23 March 2021, the United Nations (UN) Human Rights Council passed a resolution entitled “The negative impact of unilateral coercive measures on the enjoyment of human rights”,[1] with the negative vote of 15 States, including Italy. One week later, on 31 March, during a joint session (7th Meeting, XVIII Legislature) of the Committee on Foreign and European Community Affairs (III) of the Chamber of Deputies and the Committee on Foreign Affairs, Emigration (3rd) of the Senate of the Republic, the Minister of Foreign Affairs and International Cooperation, Mr. Luigi di Maio, addressed and dispelled the allegations that Italy’s vote amounted to an endorsement of sanctions on Cuba (a Country that voted in favor of the resolution).

Continue reading →

Responsibility for the Spread of COVID-19 and Socio-economic Concerns in the Fight Against the Pandemic

Leave a reply

The year 2020 was marked by COVID-19, which was declared a pandemic on 11 March 2020 by the World Health Organization (WHO).[1] COVID-19 not only caused millions of deaths around the world, but it impacted almost every aspect of human life, from the world economy to personal freedoms and the right to healthcare.

Continue reading →

Maritime Delimitation in the Central Mediterranean Sea and Algeria’s Proclamation of an Exclusive Economic Zone

Leave a reply

With Presidential Decree no. 18-96 of 20 March 2018, Algeria officially proclaimed an exclusive economic zone (EEZ) in the Mediterranean Sea so as to exercise therein its sovereign rights and jurisdiction in accordance with Part V of the 1982 UN Convention on the Law of the Sea (UNCLOS). The act included a list of 63 geographical coordinates delineating the extension of the maritime claim but envisaged that the outer limits of the EEZ could be modified through bilateral agreements with neighboring States, where necessary.[1]

Continue reading →

The Proposed Israeli Annexation of Parts of the West Bank

Leave a reply

On 20 April 2020, the Prime Minister of Israel, Mr Benjamin Netanyahu, and the leader of the White and Blue political alliance, Mr Benjamin Gantz, signed the coalition agreement that ended the political stalemate resulting from the inconclusive results of three consecutive Israeli legislative elections, which had been held in April 2019, September 2019, and March 2020.

Continue reading →

Arms Export to Some Near- and Middle-Eastern Countries

Leave a reply

In 2020, the interest – from a legal viewpoint – in Italy’s position on arms export stemmed from what the Country’s representatives omitted to say rather than from the explicit content of their declarations.

Continue reading →

Maritime Delimitation in the Eastern and Central Mediterranean: The Position of Italy with Respect to Turkish Exploration Activities Offshore Cyprus and the Memorandum of Understanding Between Turkey and Libya

Leave a reply

In the eastern and central Mediterranean, the importance attached by regional actors to the existence of a defined legal framework for maritime delimitation has recently emerged with reference to two separate but interrelated cases: the exploitation of hydrocarbon resources offshore Cyprus and the stipulation of a “memorandum of understanding” between Turkey and the Libyan Government led by Mr Fayez al-Sarraj and recognized by the United Nations (UN). In both cases, a clear contrast between the position and interests of Turkey, on the one hand, and the claims of a number of other coastal States, on the other, emerged. As will be seen, the Italian Government took a strong stance against the actions of Turkey, in the first case, but it adopted, instead, a position of mild criticism in the second case.

Continue reading →

Territorial Issues Concerning the Arab-Israeli Conflict

1 Reply

On the Status of the Golan Heights

On 25 March 2019, the President of the United States (US), Mr Donald Trump, issued a Presidential Proclamation recognizing Israeli sovereignty over the Golan Heights. The text of the Proclamation clarifies that the main reason behind this decision was Israeli security. More specifically, the relevant part of the text reads:

The State of Israel took control of the Golan Heights in 1967 to safeguard its security from external threats. Today, aggressive acts by Iran and terrorist groups, including Hizballah, in southern Syria continue to make the Golan Heights a potential launching ground for attacks on Israel. Any possible future peace agreement in the region must account for Israel’s need to protect itself from Syria and other regional threats. Based on these unique circumstances, it is therefore appropriate to recognize Israeli sovereignty over the Golan Heights.[1]

Continue reading →