Category Archives: Senate of the Republic

Violations of International Humanitarian Law and Issues of Accountability in the Russia-Ukraine Conflict

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Not surprisingly, in 2022, the Italian Government(s)[1] extensively dealt with several international humanitarian law (IHL) implications of the Russia-Ukraine war: firstly, the systematic violations of the rules on targeting that protect civilians and civilian objects against the effects of hostilities; secondly, the forcible transfer of civilians from occupied territories under the law of belligerent occupation; lastly, the prospects for accountability for serious violations of IHL. These aspects are explored in the following analysis.

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The Reaction to the Russian Federation’s Invasion of Ukraine and the Debate on the Provision of Weapons to the State Victim of Aggression

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At the beginning of 2022, when the invasion of Ukraine by the Russian Federation started, several factors would have led one to question Italy’s ability to condemn the unlawful use of force. Italy was heavily dependent on gas supplies from Russia by virtue of a decades-long policy of cooperation in the energy sector (a situation that changed radically in the space of a year).[1] Some parties with governmental responsibilities in both the executive led by Mario Draghi and the subsequent one led by Giorgia Meloni,[2] had also shown over time that they had a network of relations with the Russian leadership.[3] Furthermore, the presence of a strong pacifist movement within public opinion had led some analysts to doubt whether the country would adopt a firm political stance towards the Russian Federation involving the supply of weapons or some form of participation in the conflict.[4]

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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 Non-Recognition of the Separatist Republics of Luhansk and Donetsk and of Their Subsequent Accession to Russia with Kherson and Zaporizhzhia

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On 21 February 2022, at the end of a TV speech to the nation, the President of the Russian Federation, Mr. Vladimir Putin, signed the act of recognition of the separatist republics of Luhansk and Donetsk. On 23 February, before the Chamber of Deputies (644th Meeting, XVIII Legislature), the Minister of Foreign Affairs and International Cooperation, Mr. Luigi Di Maio, made an urgent Government briefing on this issue.

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

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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] 

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

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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).

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