Category Archives: Senate of the Republic

Italy’s Reaction to the Use of Chemical Weapons at Khan Shaykhun and to the US Attack on a Syrian Airfield

On 4 April 2017, it was reported that the Syrian town of Khan Shaykhun – controlled at the time by the Tahrir Al-Sham Alliance – had been the object of an airstrike by the air force of the Government of President Bashar Al Assad.[1] As a result of the airstrike, chemical agents poisoned large numbers of civilians. 

In a report released on 30 June 2017, the Fact-Finding Mission of the Organization for the Prohibition of Chemical Weapons (OPCW) estimated the number of deaths “as approximately 100 people” and determined that “Sarin or a Sarin-like substance” had been used as a weapon in Khan Shaykhun.[2] It took until 27 October 2017 for the OPCW-United Nations Joint Investigative Mechanism to take position on the responsibility for the attack and affirm that the Leading Panel of the mechanism itself was “confident that the Syrian Arab Republic is responsible for the release of Sarin at Khan Shaykhun on 4 April 2017”.[3]

In the aftermath of the attack, however, several countries condemned the action and the United States (US), the United Kingdom and France openly called into question the responsibility of the Syrian Government.[4] The US President, Mr. Donald Trump, condemned the attack as “intolerable” and openly blamed the inaction of his predecessor Barack Obama, who, after establishing “a ‘red line’ against the use of chemical weapons did nothing”.[5] On its part, the Syrian government denied any involvement in the use of chemical weapons.[6] The Government of the Russian Federation offered alternative explanations of the events, mentioning the fact that the Syrian Air Force could have “bombed an underground factory producing chemical warfare agents” or alluding to a possible “provocation by the terrorists”.[7] Within the United Nations (UN) Security Council, a draft resolution condemning the attack – tabled by France, the United Kingdom and the US – was vetoed by the Russian Federation, with the abstention of China, Ethiopia and Kazakhstan.[8] 

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Italy’s Involvement in Post-Conflict Lybia through the Lybian Coast Guard Training Mission

Post-conflict Libya has been riven by internal conflict, institutional, political and social instability as well as a grave humanitarian crisis. The achievement of stability in Libya has been of concern to the international community, in particular in light of the serious consequences of internal conflict and fragmentation on, inter alia, the fight against terrorism and the Islamic State, as well as against human trafficking and migrant smuggling across the Mediterranean Sea[1].

Historically a prominent international actor in the country, Italy has strongly supported the Government of National Accord, formed under the terms of the Libyan Political Agreement signed in Skhirat, Morocco, on 17 December 2015[2], and endorsed by the United Nations (UN) Security Council as the sole legitimate executive authority in Libya[3]. On 8 May 2017, during a briefing at the UN Security Council on the situation in Libya (7934th Meeting)[4], the Permanent Representative of Italy to the United Nations, Ambassador Sebastiano Cardi, declared:

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The Venezuelan Crisis in the Italian Parliamentary Practice of 2017

Popular protests have been taking place in Venezuela at least since 2014: their targets are the Government’s crackdown on civil and political liberties and the grave economic crisis afflicting the country, which has inter alia resulted in skyrocketing inflation and a persistent lack of essential goods.

In December 2015, parliamentary elections were held and won by the Democratic Unity Roundtable (MUD), a coalition of parties opposing President Nicolás Maduro and his United Socialist Party (PSUV). In the following months, President Maduro declared the state of emergency and assumed more powers, while the MUD started to collect signatures for a referendum to remove him from office before the natural end of his term. In October 2016, however, the National Electoral Council suspended the referendum process; new demonstrations against this decision took place.

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The Government’s Position Vis-à-vis Egypt on the Killing of the Italian National Giulio Regeni

At the beginning of 2016, the Italian national Giulio Regeni was murdered in Cairo in unclear circumstances. This soon became a major issue in the foreign policy of Italy and a cause of tension in its relations with Egypt. The event is here illustrated through the accounts given by the members of the Italian Government themselves, on the occasion of official reports to the Parliament. At the same time, some important political and legal aspects are also briefly addressed.

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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 Italian Government’s position on the negotiation and approval of CETA

Throughout 2016, the Italian Government was called upon on several occasions to express its position on the negotiation and approval of the Comprehensive Economic and Trade Agreement between Canada and the EU (CETA). In May 2016, the Government – in contrast with the wide majority of the other EU Member States – announced its willingness to consider CETA as a “EU only agreement”, falling within the sole competence of the EU as part of its commercial policy. On the contrary, in July 2016 the EU Commission decided to qualify CETA as a “mixed agreement”, subject to the approval of each of the national parliaments of the EU Member States. The Government’s view on the matter was expressed in particular on the following occasions:

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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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Deputy Minister Bubbico on the Legal Status of Children born in Italy from Parents who Benefit from International Protection

SENATE OF THE REPUBLIC, XVII LEGISLATURE, 432nd MEETING, 16 APRIL 2015.

On 16 April 2015, the Deputy Minister for Home Affairs, Mr Filippo Bubbico intervened before the Senate of the Republic answering a parliamentary question concerning the legal status of children of people who benefit from international protection. At the outset, the Deputy Minister was asked to clarify whether it was true that, by means of a simple information circular, the Ministry of Home Affairs had intended to extend the acquisition of national citizenship on the basis of the ius soli principle to minors born in Italy from parents who benefit from international protection, similarly to what the law explicitly provides for minors born in Italy from stateless parents. Mr Bubbico said:

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The Deputy Minister of Foreign Affairs, Mr Lapo Pistelli, on the third-party effects of a bilateral treaty establishing an Exclusive Economic Zone

SENATE OF THE REPUBLIC, 3rd PERMANENT COMMISSION (FOREIGN AFFAIRS – EMIGRATION), XVII LEGISLATURE, 67th MEETING, 17 FEBRUARY 2015.

On 18 January 2015, two Italian trawlers (the Jonathan of Siracusa and the Albachiara of Cagliari) were arrested by the Egyptian coast guard about 36 nautical miles far from the coast of Egypt. The timely intervention of the Italian Government brought to the release of both the two vessels and their crews (except the catch) before a full day had passed since the incident. One month later, Mr Lapo Pistelli, Deputy Minister of Foreign Affairs and International Cooperation, intervened in the Senate and, commenting upon these facts, made a statement that might be read as implicitly accepting the third-party effects of a bilateral treaty aimed at delimiting two Exclusive Economic Zones in a highly contested area. In the words of the Deputy Minister:

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