Category Archives: Human Rights

The Hamas Attack of 7 October and Israel’s Military Response

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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.

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Italy’s Migration Policy in 2023: Respect for or Empty References to International Law?

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In 2023, the Italian Government adopted several decrees-law with the aims of stemming migration flows, restricting the grounds for legal stay in Italy, and increasing expulsions from the territory. Italy also further pursued an externalization of migration management, by concluding a much-discussed bilateral agreement with Albania[1] and by playing a prominent role in the conclusion of “strategic partnerships” between the European Union (EU) and Mediterranean countries, namely Tunisia (in July 2023) and Egypt (in March 2024).[2] Additionally, the Italian Government was active in shaping the EU New Pact on Migration and Asylum, whose adoption it hailed as a success, especially insofar as the “defence” of the external borders of the EU is concerned.[3]

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The Legal Limits on the Repression of Protests in Iran and on the Intervention of Third States

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Since September 2022, waves of fervent protests have swept through the cities of the Islamic Republic of Iran, sparked by the arrest and subsequent death in Tehran of the 22-year-old woman Mahsa Amini at the hands of the Iranian morality police, who claimed Amini was not wearing the hijab as prescribed by the law in force in the country. 

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Of Castaways and Pirates: Migrants’ Rights from Departure to Arrival

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The victory of the right-wing coalition at the general elections of September 2022 brought the topic of migration back to the center of the Italian political debate. In the first half of the year the Parliament had discussed migration issues with a theretofore unknown positive attitude: the shock caused by Russia’s aggression against Ukraine nourished the sympathy for those displaced by the war and led to the welcoming of tens of thousands of Ukrainian refugees and the financing of support initiatives. However, the steady rise in the number of migrants reaching the country’s shores, as compared to those arrived in the period immediately after the conclusion of the 2017 agreement between Italy and Libya, led the newly elected President of the Council of Ministers, Ms. Giorgia Meloni, and her center-right coalition to adopt a tighter approach.

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Recognition, Fact-Finding Missions and Humanitarian Aid in Afghanistan

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Recognition of the Taliban Government of Afghanistan did not feature prominently in the Italian parliamentary debates of 2022, unlike the previous year.[1] In fact, despite an explicit request for recognition by the Taliban,[2] the alarming news on egregious violations of human rights, especially women’s rights, in Afghanistan further reduced the Taliban’s already slim chance to see their own Government recognised.

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International Standards on Criminal Punishment: Italy’s Position Between Progressive Tendencies and Lack of Legal Clarity

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In 2022, the Italian Government addressed the issue of criminal punishment on various occasions, thus shedding light on the interpretation of its features in accordance with relevant international standards. The resulting picture is a composite one, anchored in human rights and directed at expanding the reach of international law to an area traditionally considered to be within the reserved domain of States – but not always on the basis of clear legal arguments.

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The Russian Aggression Against Ukraine: Issues of Recognition, Sanctions and the Supply of Weapons

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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. 

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The Non-Recognition of the Taliban Government of Afghanistan

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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.

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The Scope of the Immunity of United Nations Personnel

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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]

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International Cooperation in the Fight against Covid-19 and the Efforts for Equal Access to and Distribution of Vaccines

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Since the outbreak of the COVID-19 pandemic, Italy has played a proactive role in international initiatives aimed at countering health threats.[1] The Italian strategy in the fight against the pandemic was pursued through cooperation in different multilateral fora. Firstly, Italy participated in multilateral efforts undertaken within the World Health Organization (WHO), the European Union (EU) and the G20 and supported initiatives to reform global health law through the adoption of a new binding instrument on pandemic preparedness and response. Furthermore, Italy committed to ensuring the success of international procurement mechanisms for vaccines’ supply to low- and middle-income countries and advocated for exemptions to the international patent system to increase vaccines’ production.

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