Category Archives: State Sovereignty

The Work of the ILC on the Immunity of State Officials from Foreign Criminal Jurisdiction

UN GENERAL ASSEMBLY, SIXTH COMMITTEE (LXVIII Session), DEBATE ON THE REPORT OF THE INTERNATIONAL LAW COMMISSION ON THE WORK OF ITS SIXTY-FIFTH SESSION (UN Doc. A/68/10), 29 OCTOBER 2013.

On 29 October 2013, before the Sixth Committee of the United Nations General Assembly, Min. Plenipotentiary Andrea Tiriticco, Director for Legal Affairs of the Ministry for Foreign Affairs, expressed the position of the Italian Government on the work of the International Law Commission on the topic of the “Immunity of State officials from foreign criminal jurisdiction”. He stated:

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A Statement by the Minister of Foreign Affairs, Emma Bonino, on the Refusal to Granting Overflight Rights to Evo Morales

CHAMBER OF DEPUTIES AND SENATE OF THE REPUBLIC, 1st, 3rd, AND 4th JOINT COMMISSIONS, XVII LEGISLATURE, 1st MEETING, 4 JULY 2013.

On 4 July 2013, Minister Bonino made reference to the actions taken by the Ministry of Foreign Affairs in relation to an incident occurred to the Bolivian President, Evo Morales, during his way back to Bolivia after an official visit to Moscow. The presidential aircraft had requested an authorization to fly over some European countries that was eventually rejected on 2 July 2013. This generated protests from Latin American countries, which saw the refusal to grant the overflight permission as stemming from the suspicion that Mr. Snowden was on board of the Presidential aircraft. In her statement, Ms. Bonino highlights the connections between this incident and the security measures adopted after 9/11 by the US and made some considerations on the relevance for Italy and the EU of the Snowden case. She stated: 

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Environmental Concerns over the Construction of MUOS: The Position of the Ministry of Defence

CHAMBER OF DEPUTIES, XVII LEGISLATURE, 21st MEETING, 22 MAY 2013 – QUESTION TIME.

Pending an opinion of the Istituto Superiore della Sanità (National Health Institute), the Region of Sicily resorted to the precautionary principle under Article 191 TFEU and revoked its environmental authorizations for the construction of MUOS (a US military communication system) on its territory. On 22 May 2013, the Ministry of Defence, Mr. Mario Mauro, explained his Ministry’s decision to appeal against such revocation. He made reference to the duty to comply with the obligations undertaken by Italy under Article IX(3) of the London Agreement of 1951 between the Parties to the North Atlantic Treaty. Some excerpts from the Minister’s speech follow here below:

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The Debate in the Sixth Committee on the Immunity of State Officials from Foreign Criminal Jurisdiction

UN GENERAL ASSEMBLY, SIXTH COMMITTEE (LXVII Session), DEBATE ON THE REPORT OF THE INTERNATIONAL LAW COMMISSION ON THE WORK OF ITS SIXTY-FOURTH SESSION ON THE IMMUNITY OF STATE OFFICIALS FROM FOREIGN CRIMINAL JURISDICTION, 6 NOVEMBER 2012.

On 6 November 2012, during the debate in the Sixth Committee of the UN General Assembly on the Report of the International Law Commission, the Legal Adviser to the Permanent Mission of Italy, Mr Salvatore Zappalà, submitted the comments of his delegation on the work conducted by the ILC on the “Immunity of State Officials from Foreign Criminal Jurisdiction”. After thanking Amb. Kolodkin for his past work and welcoming Prof. Escobar Hernandez as the new Special Rapporteur, he stated:

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