Category Archives: ParliamentaryPractice

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 Non-extradition of Italian Terrorists from France, Between Political and Legal Issues

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On 28 March 2023, the French Cour de Cassation upheld the decision of 29 June 2022 whereby the Cour d’appel of Paris had ruled that ten of the former members of the left-wing terrorist organization known as the Red Brigades – who had found refuge in France for almost 40 years – should not be extradited to Italy. The Italian Government, which in January 2020, with the support of the French authorities, had requested the extradition of the former terrorists,[1] condemned the decision of the Cour de Cassation, thus continuing the never-ending debate on the political gradient of extradition.[2]

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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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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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On Some International Agreements Concerning Nuclear Weapons in Light of the New Challenges Posed by the Russian Invasion of Ukraine

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The year 2022 was undoubtedly marked by a strong prominence of the debate related to nuclear weapons, driven by a series of institutional events such as the Tenth Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons (NPT), the plenary United Nations (UN) meeting against nuclear testing and the first World Conference of States Parties to the Treaty on the Prohibition of Nuclear Weapons (TPNW).

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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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