Category Archives: International Security

The 2016 Practice of Italy on Arms Exports

During 2016, the Italian Government was often questioned before the Parliament about arms exports from Italy to countries where either a conflict was occurring or international norms were being violated. The statements by the different members of the Government highlighted a heterogeneous practice, contingent upon different variables, some of which related to the presence of international measures and others to political considerations of the Government itself.

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The Legal Requirements for Military Intervention and for Humanitarian Assistance in Libya

The situation in Libya was of great concern for the Italian Government during 2016. The instability of the African country and the risk of increased terrorist activities on Libyan soil carried a significant weight in the reports of the Italian executive in front of the Parliament. Within these issues, the parliamentary practice of Italy highlighted three strictly intertwined legal questions, namely the requirements for military intervention and for humanitarian assistance in Libya, as well as the boundaries of the concept of self-defence. It should not come as a surprise that in this case, during 2016, migration issues played a relatively minor role with respect to security concerns. One might take the view that the stability of the State and the need of having an effective government can be seen as preconditions for tackling the root causes of migration. Speaking about the requirements for intervening militarily in Libya the Minister of Foreign Affairs and International Cooperation, Mr Paolo Gentiloni Silveri, affirmed the need of obtaining a formal request from the legitimate government. On 9 March 2016, in front of the Chamber of Deputies (586th Meeting, XVII Legislature) he stated the following:

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The Minister of Defence, Ms. Roberta Pinotti, on the involvement of Italy in the US operations against ISIS in Libya

CHAMBER OF DEPUTIES, XVII LEGISLATURE, 667th MEETING, 3 AUGUST 2016.

On 3 August 2016, the Minister of Defence, Ms. Roberta Pinotti, answering a parliamentary question on the alleged involvement of Italy in the US air operations against ISIS in Libya, stated:

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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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The Minister of Foreign Affairs and the Minister of Defence on the Italian contribution to the fight against ISIL/Daesh

JOINT COMMISSIONS III AND IV OF THE CHAMBER OF DEPUTIES AND 3rd AND 4th OF THE SENATE (FOREIGN AFFAIRS AND DEFENCE), XVII LEGISLATURE, 21st MEETING, 6 OCTOBER 2015.

On 6 October 2015, the Minister of Foreign Affairs and International Cooperation, Mr Paolo Gentiloni Silveri, and the Minister of Defence, Ms Roberta Pinotti, delivered two statements before the Joint Commissions of Foreign Affairs and Defence of the Parliament. Mr Gentiloni started by illustrating the foreign policy of Italy with particular regard to the Mediterranean and Middle East areas. In this context, he recalled the role played by Italy in the fight against ISIL/Daesh. He stated:

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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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Recognition of Palestine: Two Parliamentary Motions Approved

CHAMBER OF DEPUTIES, XVII LEGISLATURE, 383th MEETING, 27 FEBRUARY 2015.

On 27 February 2015, the Chamber of Deputies of the Italian Parliament was called upon to vote seven motions concerning initiatives for the recognition of the Palestinian State. Five of them were rejected (Motions nos. 1-00675, 1-00625, 1-00699, 1-00738 and 1-00747). Two were approved, but they do not seem to be fully consistent with each other. A full translation of the text of both motions is given hereunder.

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