Category Archives: Use of Force

Italy’s Involvement in Post-Conflict Lybia through the Lybian Coast Guard Training Mission

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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 Legal Requirements for Military Intervention and for Humanitarian Assistance in Libya

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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

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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

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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

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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

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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

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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

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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

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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

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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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