Category Archives: Use of Force

The Legal Requirements for Military Intervention and for Humanitarian Assistance in Libya

The situation in Libya was of great concern for the Italian Government during 2016. The instability of the African country and the risk of increased terrorist activities on Libyan soil carried a significant weight in the reports of the Italian executive in front of the Parliament. Within these issues, the parliamentary practice of Italy highlighted three strictly intertwined legal questions, namely the requirements for military intervention and for humanitarian assistance in Libya, as well as the boundaries of the concept of self-defence. It should not come as a surprise that in this case, during 2016, migration issues played a relatively minor role with respect to security concerns. One might take the view that the stability of the State and the need of having an effective government can be seen as preconditions for tackling the root causes of migration. Speaking about the requirements for intervening militarily in Libya the Minister of Foreign Affairs and International Cooperation, Mr Paolo Gentiloni Silveri, affirmed the need of obtaining a formal request from the legitimate government. On 9 March 2016, in front of the Chamber of Deputies (586th Meeting, XVII Legislature) he stated the following:

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The Minister of Defence, Ms. Roberta Pinotti, on the involvement of Italy in the US operations against ISIS in Libya

CHAMBER OF DEPUTIES, XVII LEGISLATURE, 667th MEETING, 3 AUGUST 2016.

On 3 August 2016, the Minister of Defence, Ms. Roberta Pinotti, answering a parliamentary question on the alleged involvement of Italy in the US air operations against ISIS in Libya, stated:

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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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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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The Minister of Foreign Affairs, Mr Paolo Gentiloni Silveri, on the International Fight against Terrorism in the aftermath of the Terrorist Attacks against the Satirical Magazine Charlie Hebdo

SENATE OF THE REPUBLIC, XVII LEGISLATURE, 372nd MEETING, 12 JANUARY 2015.

On 12 January 2015, in the aftermath of the terrorist attacks against the satirical magazine Charlie Hebdo in Paris, France, the Minister for Foreign Affairs and International Cooperation, Mr Paolo Gentiloni Silveri, reported before the Senate of the Republic on the position of Italy in the international fight against terrorism. Mr Gentiloni illustrated, inter alia, Italy’s efforts against ISIL/Daesh. He said:

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A Statement by the Minister of Defence, Ms Roberta Pinotti, on the Libyan crisis

On 12 December 2014, the Italian Minister of Defence, Ms Roberta Pinotti, was interviewed by Mr Paolo Valentino, a journalist with the Italian newspaper Corriere della Sera. Before replying to – and denying – a rumour according to which she could become the next President of the Republic of Italy, she answered a number of questions concerning her Country’s foreign policy. She expressed Italy’s willingness to be protagonist in the Libyan crisis and to “provide its soldiers to a United Nations peacekeeping force”, but only upon certain conditions. In this respect, according to the Minister:

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A Speech by the Minister of Foreign Affairs, Federica Mogherini, on the Recent Developments of the Situation in the Gaza Strip

CHAMBER OF DEPUTIES, XVII LEGISLATURE, 274th MEETING, 29 JULY 2014.

On 29 July 2014, the Minister of Foreign Affairs, Federica Mogherini, delivered a speech before the plenary session of the Chamber of Deputies of the Italian Parliament on the conflict between Hamas and Israel. After expressing sorrow, on behalf of the Italian Government and people, for the casualties suffered on both sides, she highlighted the complexity of the conflict. Thus, to avoid any oversimplification, she briefly illustrated the political context of the whole region, showing how much the situations of Syria, Iraq, Libya, Lebanon and Jordan are interrelated. Then, referring to the end of the “Skyes-Picot order”, she called all the Middle-Eastern actors to assume direct and shared responsibility in the regional politics, together with Italy and Europe. Pointing out that the conflict cannot be examined through biased eyes, and that the aspirations of both Israelis and Palestinians – respectively, to live in peace and security and to have a sovereign State – are legitimate, she added:

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