Category Archives: Use of Force

The Global Sumud Flotilla in Italy’s Discourse: Between Political Caution and Legal Reasoning

The phenomenon of flotillas carrying humanitarian aid to civilians in Gaza is not a recent development. Since 2010,[1] several initiatives have sought to challenge the Israeli naval blockade and deliver humanitarian assistance to the Gaza Strip. In particular, between 2025 and 2026, two operations were organized by the Global Sumud Flotilla, which is described by its organizers as the largest independent initiative aimed at breaking the naval blockade imposed by Israel and delivering humanitarian aid to civilians in the Gaza Strip.[2] Both operations departed from the port of Barcelona: the first on 31 August 2025[3] and the second on 12 April 2026.[4] Italian diplomatic and parliamentary practice has devoted extensive attention to the events related to the Flotilla, which raise longstanding questions of international law. This contribution will focus on 1) the Italian position on the lawfulness of the Israeli naval blockade, 2) the rights of Italian volunteers on board, and 3) the attacks on the Flotilla and its interceptions by Israel on the high seas.

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Continuity and Caution: Italy’s Evolving Legal Approach to Supporting Ukraine

Throughout 2025, the Russia-Ukraine conflict continued to occupy a significant place within Italian political and parliamentary debates, although its centrality was, to some extent, reduced by the emergence of other pressing geopolitical developments.[1] First approved in 2022, the provision of weapons and military equipment to Ukraine has been subject to periodic renewals,[2] and most recently reconfirmed in December 2025 for the year ahead,[3] signalling a sustained commitment on the part of the Italian Government. In the context of this last authorization for the “transfer of means, materials and equipment in favour of the governmental authorities of Ukraine”, adopted with the favourable opinion of the Government, a deliberate terminological adjustment was introduced in the text of the decree-law during the parliamentary proceedings of a joint session (21 January 2026, XIX Legislature) of the Committees on Foreign and European Community Affairs (III) and on Defence (IV) of the Chamber of Deputies. More specifically, one of the parties of the governing coalition successfully proposed to remove from the title the adjective “military” in reference to the “means, materials and equipment” for which the authorization for transfer was extended. However, the adjective was retained in the text of Article 1, even though the provision was supplemented by adding the words “and of civil defence”.

Such a modification, albeit formally limited in scope, appears to carry broader political significance. It may be understood as reflecting an effort to recalibrate the characterization of the assistance provided, by shifting from what some members of the Government perceive as a primarily military paradigm to a more comprehensive framework encompassing the civil defence dimension. This conceptual broadening arguably aligns with the Government’s consistently articulated emphasis on the defensive nature of its support, reinforcing the narrative that assistance is directed not only at military resilience but also at the protection of the civilian population and critical infrastructure. At the same time, the amendment may be read as an attempt to further anchor such measures within a discourse of proportionality and restraint, thereby mitigating potential concerns regarding escalation or direct involvement in the conflict.[4]

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Selective Condemnations and Creeping Endorsements: Italy’s Recent Practice on the Prohibition of the Use of Force

The frequent recourse to armed force by States in 2025 and early 2026 has seriously challenged the prohibition of the use of force under Article 2(4) of the United Nations (UN) Charter. States responsible for these conducts are increasingly reluctant to justify them under international law and face limited condemnation within the international community.[1] The Italian Government and Parliament have adopted variable positions on the legality of these military operations, selectively condemning the use of force. While Italy has frequently denounced the Russian aggression against Ukraine, often invoking Article 2(4) of the UN Charter,[2] it has shown a more lenient stance on military operations conducted by the United States (US) and Israel.

Here, Italy’s position is presented with respect to the ongoing Israeli military operations in Gaza and in the West Bank, the US intervention in Venezuela and President Donald Trump’s threats regarding Greenland, and the two US-Israeli operations against Iran.

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Italy’s reaction to the United States’ attack against Venezuela

The political and legal shockwaves caused by the unilateral US attack on the territory of Venezuela on 3 January 2026 are still being felt. However, the belief that this blatant use of force and the abduction of the President of Venezuela and his wife mark historical events and that other States’ reactions will contribute to shaping new coordinates of international law and international relations is already widespread (see here).

In this respect, the Italian authorities quickly expressed support for the US’s conduct, albeit with some ambiguity.

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The Ongoing Reform of the Italian Law on Arms Export and Recent Policy Trends in This Field

Italy stands out as one of the first countries to have established a detailed legal regime for arms export control, with Law No. 185 of 1990. Despite having ratified the Arms Trade Treaty (ATT) in 2013, Italy has never introduced any implementing legislation or undertaken a substantial revision of Law 185/1990 to align it with the ATT obligations. The reform of such law – long awaited due to partial divergence from ATT provisions – thus appeared to many as necessary. Against this background, the draft amendments to Law 185/1990 were formally submitted to the Senate of the Republic on 11 August 2023 by the Minister of Foreign Affairs and International Cooperation in coordination with the Ministers of Defence, of the Interior, of Justice, of Economy and Finance and of Enterprises and Made in Italy. However, it is striking that the current reform makes no explicit reference to the ATT, nor does it seem to address the need for legal harmonisation.[1] This calls for a closer examination of the actual drivers behind the reform of Italy’s legislation on arms export control.

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Italy’s Stance on the Israeli-Palestinian Question and the Gaza War: Continuity and Change

Throughout 2024, the Italian Government and Parliament remained actively engaged with the ongoing hostilities between Hamas and Israel and with their destabilising effect on the broader Middle East. Attention was also directed towards the intensification of Israel’s military operations in the Gaza Strip, which have resulted in a severe humanitarian crisis.[1] More specifically, Italy’s position can be summarised as follows: 1) condemnation of the attacks perpetrated by both State and non-State actors against Israel; 2) recognition of Israel’s right to self-defence in accordance with international law but, at the same time, a strong emphasis on the need to guarantee humanitarian access to Gaza and a condemnation of settler violence in the West Bank; 3) endorsement of a two-State solution negotiated between the parties as the sole viable solution to the conflict.

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Italy’s Support to Ukraine’s War Effort: Neither Unconditional Military Aid, Nor Unconditional Peace

In 2024, the Russia-Ukraine conflict remained one of the main topics of debate in foreign policy matters in Italy. Among the aspects discussed by governmental representatives, the most significant ones are the extent of Italian support to Ukraine’s war effort, the final aim this support pursues (i.e., the conditions attached to a future peace arrangement), and military aid to Russia from other States.

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Between order and (international) law: Minister Crosetto’s strategic realism and the future of multilateral institutions

The speech delivered by Italy’s Minister of Defence, Guido Crosetto, at the University of Padua on 20 June 2025, is an unusually frank address by a sitting member of government. It stands out not only for its candid tone but also for its breadth, spanning global order, European decline, security, technological supremacy, and international law. It offers particular value to foreign observers of Italian international practice for the way it lays bare the strategic doubts that animate the highest political levels of the Country.

From the standpoint of international law, the speech is significant because it reflects a realist understanding of law’s place in the international order. Far from viewing international law as an autonomous normative system, Minister Crosetto implicitly portrays it as a superstructure – one dependent on political preconditions that are now faltering. This is quite a common reading of international law as the by-product of a political and economic configuration that may not survive in its present form. The Minister’s remarks are also noteworthy for their recognition of the crisis of multilateralism, and the consequent risks for institutions – such as the United Nations and NATO – which are ordinarily seen as pillars of the present legal order.

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The Legality of Arms Transfers to Israel after 7 October: The Relationship Between the International Legal Framework on Arms Trade and Law No. 185 of 1990

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