Category Archives: State Sovereignty

Italy’s stance on the US recognition of Jerusalem as the capital of Israel

On 6 December 2017, the United States (US) President, Mr. Donald Trump, put into effect his presidential campaign promise to effectively recognize Jerusalem as the capital of Israel, thereby indicating a future move there for the US embassy from Tel Aviv. Such a decision has been interpreted by many as marking a turning point in the US approach towards the Israeli-Palestinian issue. Indeed, even though the 1995 Jerusalem Embassy Act adopted by the US Senate and House of Representatives committed the Federal Government to moving the US Embassy to Jerusalem, since its enactment every US President has regularly availed himself of the possibility to invoke a six-month waiver of the application of the law. President Trump himself signed such a waiver twice, before (June 2017) as well as after (December 2017) his own declaration. Nonetheless, his announcement sparked controversy and many countries voiced their dissent. Italy is among those States and its stance will be discussed below. However, in order better to understand the dissent it expressed along with a number of other countries, it is useful to provide a factual and legal context, starting with Mr. Trump’s actual words. 

In his speech, Mr. Trump motivated his decision as follows: 

Israel is a sovereign nation with the right, like every other sovereign nation, to determine its own capital. […] But today we finally acknowledge the obvious. That Jerusalem is Israel’s capital. This is nothing more or less than a recognition of reality. It is also the right thing to do. It’s something that has to be done. 

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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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The Italian Government’s position on the referendum on the self-determination of Catalonia

In September 2017 the Parliament of Catalonia, a region enjoying autonomous status within Spain, passed legislation to enable the holding of a binding referendum on self-determination. Claiming a breach of the indissoluble unity of the Nation as guaranteed by Article 2 of the Constitution, the Spanish Government brought the law before the Spanish Constitutional Court and threatened to suspend the regional autonomy of Catalonia should the referendum be effectively held. The Court pre-emptively suspended the law, and later declared it unconstitutional and void due to both the lack of competence of the Government of Catalonia in calling a referendum on a matter of Spanish sovereign authority and the fact that its approval by the Parliament of Catalonia did not comply with voting procedures. In the weeks preceding the referendum, Spanish law enforcement authorities started to seize ballot boxes and occupy Catalan ministries to search for evidence of the breach of Spanish law. Some of the key figures of the Catalan pro-independence movement were arrested and put under accusation for sedition. Tension between the parties rose, and people started to take the streets both in Madrid and Barcelona.

On 29 September 2017, during an urgent question time taking place at the Chamber of Deputies (861st Meeting, XVII Legislature), the Undersecretary of State for Foreign Affairs and International Cooperation, Mr Vincenzo Amendola, was asked about the Italian Government’s position on the promotion of the referendum on self-determination by the Catalan authorities.

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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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Negotiation and Signature of the Caen Agreement on the Delimitation of Territorial Waters and Maritime Jurisdiction between Italy and France

On 13 January 2016 the French authorities arrested the Italian fishing vessel Mina with the accusation of violating French territorial waters. The Mina was arrested during fishery of the red shrimp off the Ligurian coast, between Ventimiglia and the Mentone bay, before the Balzi Rossi reef, and was released upon payment of an 8300-euro deposit. Subsequently, the French authorities expressed regret for the arrest, conceding that it ensued from a wrongful determination of the boundary and jurisdiction over the area. The case spotlighted the on-going discussion between Italy and France over the determination of their maritime boundaries and corresponding fishing rights in an area off Liguria and North of Sardinia, pending the ratification of the so-called Caen Agreement.[1] To date, Italy’s and France’s jurisdiction and fishing rights in the respective areas have been regulated de facto by the 1986 Bocche di Bonifacio Agreement[2] and the 1892 Convention on the fishing zone in the Mentone Bay.[3] More specifically, the 1892 Mentone Bay Convention has never entered into force and was negotiated as a modus vivendi providing for a cooperative ground between the countries, whilst leaving their positions legally unprejudiced. As to the Bocche di Bonifacio Agreement, it only determines French and Italian territorial waters in the Strait of Bonifacio. Though regulating the fisheries traditions and practices of French and Italian fishing vessels in a common zone West of the Strait, the Agreement fails to comprehensively establish the Parties’ maritime boundaries and fishing rights. The Caen Agreement, when in force, would thus constitute the first bilateral instrument to effectively determine the maritime boundaries between the two countries and serve as a basis to settle possible disputes.

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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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