Category Archives: International Humanitarian Law

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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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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A Statement at the Human Rights Council on Behalf of the EU on the Situation in the Gaza Strip

HUMAN RIGHTS COUNCIL, 21st SPECIAL SESSION, HUMAN RIGHTS SITUATION IN THE OCCUPIED PALESTINIAN TERRITORY, INCLUDING EAST JERUSALEM, 23 JULY 2014.

On 23 July 2014, the Permanent Representative of Italy at the Human Rights Council, Amb. Maurizio Enrico Serra, expressed the position of the EU with respect to the Human Rights situation in the Occupied Palestinian Territory. The statement took place in the context of a debate on Israel’s military operation ‘Protective Edge’, which has started on 7 July 2014 in the Gaza Strip, and on the escalation of rocket fire against Israel. At the outset, Amb. Serra specified that the former Yugoslav Republic of Macedonia, Montenegro, Iceland, Serbia, Albania and Liechtenstein aligned themselves with his statement. 

He then stated: 

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A Statement of Italy on Humanitarian and Disaster Relief Assistance

ECONOMIC AND SOCIAL COUNCIL, 2014 SESSION OF THE HUMANITARIAN AFFAIRS SEGMENT, 25 JUNE 2014.

On 25 June 2014, at the general debate of the Humanitarian Affairs Segment of the United Nations Economic and Social Council, Italy delivered a national statement. After aligning itself with the one made by Greece on behalf of the European Union, Italy expressed its wish to add some remarks:

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