A Statement by the Minister of Foreign Affairs, Emma Bonino, on the application of anti-piracy laws to the Italian marines and on possible human rights violations by India in the Enrica Lexie case

CHAMBER OF DEPUTIES AND SENATE OF THE REPUBLIC, 3rd AND 4th JOINT COMMISSIONS, XVII LEGISLATURE, 11 February 2014

On 11 February 2014, the Italian Minister of Foreign Affairs, Emma Bonino, presented before the III and IV Commissions of the Chamber of Deputies and the 3rd and 4th Commissions of the Senate of the Republic the most recent updates in the Enrica Lexie case. The Minister opened her speech by mentioning the request by the Indian prosecutor to apply Indian anti-piracy and anti-terrorism legislation against the two Italian marines. She then presented the Italian defence and highlighted both the possible violation of human rights on the part of India and the commitment of the EU member states in the affair. She said:

You also know that our lawyers’ reaction has been very strong and, I think, very precise, radically contesting the possibility of using anti-terrorism legislation, as the Indian government had declared in the previous days. It is absolutely evident, in fact, that our marines are not terrorists nor pirates and on that ship, in that zone, on that day, they were acting in their official and institutional capacity in the name of the Italian government.

And she added:

In relation to the violation of human rights due to the lack of an indictment after two years, together with a restriction of their freedom, so that the two aspects are bound, we have also entered into contact with the United Nations High Commissioner for Human Rights, who reserved the right to assess the situation.

I must acknowledge that all the twenty-eight member states [of the European Union] have had rather positive reactions. This affair is endangering the participation to the entire counter-piracy effort undertaken on the basis of the decisions of the United Nations and of European and national legislation. The High Representative [of the Union for Foreign Affairs and Security Policy] has spoken of enormous consequences precisely because an entire policy concretely started in the last years is being put into question.

She then concluded:

I recall that until recently, in other times, the same steps were met by declarations according to which this was essentially a bilateral issue between Italy and India. I just want to highlight that the fact that the European Union as such, and not only, came to take on responsibility for this represents a solid position that must be used. I also highlight this as a new element.

The Italian version of the statement can be downloaded here.

A Speech by the Minister of Foreign Affairs, Emma Bonino, on the Syrian Crisis

50th MUNICH SECURITY CONFERENCE, 31 JANUARY 2014.

On 31 January 2014, the Italian Minister of Foreign Affairs, Ms. Emma Bonino, delivered a speech at the 50th Munich Security Conference, during a session devoted to “The Syrian Catastrophe”. She underlined the regional importance of a three-year-long conflict which has no clear-cut frontlines and witnesses a strong political and religious segmentation, and that is ultimately the clearest evidence of a “geopolitical clash”. Thus, she continued, these considerations

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A Statement by the Minister of Foreign Affairs, Emma Bonino, on the international operation for Syria’s chemical disarmament

CHAMBER OF DEPUTIES AND SENATE OF THE REPUBLIC, 3rd AND 4th JOINT COMMISSIONS, MEETING OF 16 JANUARY 2014

On 16 January 2014, the Minister of Foreign Affairs, Emma Bonino, accompanied by the Italian Minister of Infrastructures and Transport, Maurizio Lupi, and the Director-General of OPAC, Ambassador Ahmet Üzümcü, reported before the III and IV Commissions of the Chamber of Deputies and the Third and Fourth Commissions of the Senate of the Republic on the steps undertaken by Italy in the context of the international operation for the disarmament of Syria and the destruction of its chemical arsenal. The Minister then expressed Italy’s will to create a weapons of mass destruction-free zone in the Middle East.

After Mr Lupi recalled OPAC decision of 27 September 2013 on destruction of Syrian chemical weapons and UN Security Council Resolution 2118 (2013) and explained the reasons which led the Italian Government to choose the Gioia Tauro harbour for the transshipment of chemical material from Syria, Ms Bonino stated:

Both the Security Council resolutions and the decision of the OPAC Executive Council have already been recalled. I believe that the offer of an Italian harbour for a mere operation of transshipment integrates into the policy followed by the Italian government since the beginning, namely that of a political settlement of the Syrian conflict, and not into other initiatives also envisaged.

I also believe, on the basis of ongoing consultations, that this opens a wider perspective into the common agreement reached by all States parties to the Non-proliferation Treaty to create a weapons of mass destruction-free zone in the Middle East.

As you know, this possibility, which dates back a long way, is now materialising with greater awareness. Syrian accession to the Convention on the prohibition of chemical weapons represents a significant step also in this direction.

Let me add that in this context and for the purpose of this initiative, namely the one of establishing a weapons of mass destruction-free zone in the Middle East, the Finnish facilitator, Mr Laajava, will be in Italy on Monday for consultations, in order for us to get started on the preparation of a conference in this respect.

She concluded:

Italy thus takes part in this international effort and in this endeavour to destroy chemical weapons, that we consider the starting point to get to a zone free of weapons of mass destruction in the Middle East.

The Italian version of the statement can be downloaded here or found at: http://documenti.camera.it/leg17/resoconti/commissioni/stenografici/pdf/0304c0304/indag/c0304_disarmo/2014/01/16/leg.17.stencomm.data20140116.U1.com0304c0304.indag.c0304_disarmo.0001.pdf.

A Statement by the Undersecretary of State for Defence on the Application of the Hamburg Convention on Maritime Search And Rescue (SAR)

CHAMBER OF DEPUTIES, XVII LEGISLATURE, 149th MEETING, 10 JANUARY 2014.

On 10 January 2014, the Undersecretary of State for Defence, Mr. Gioacchino Alfano, reported before the Chamber of Deputies on the sinking of a fishing vessel that took place on 11 October 2013, 113 km away from Lampedusa and 218 from Malta. The sinking caused the death of hundreds of Syrian refugees, including many children. A member of the Parliament called into question the proper management of the rescue operations, namely as to the lack of coordination between the Italian and Maltese authorities, that resulted in a late intervention. He also contested the effectiveness of the rules provided for by the Hamburg Convention on Maritime Search and Rescue (SAR) in so far as they allow a SAR area to be put under the jurisdiction of an authority which is not necessarily the best placed to intervene, as in the case at issue, where the competent authority was the Maltese one. In response to the parliamentary question, Mr. Alfano said:

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The Position of the Uniting for Consensus Group on the Tenth Round of Negotiations on Security Council Reform – Amb. Cardi

TENTH ROUND OF INTERGOVERNMENTAL NEGOTIATIONS ON THE QUESTION OF EQUITABLE REPRESENTATION ON AND INCREASE IN THE MEMBERSHIP OF THE SECURITY COUNCIL AND OTHER MATTERS RELATED TO THE COUNCIL, 12 DECEMBER 2013.

On 12 December 2013, Ambassador Sebastiano Cardi, Permanent Representative of Italy to the United Nations made the following statement on behalf of the “Uniting for Consensus” (UfC) Group:

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A Statement by the President of the Council of Ministers, Mr. Enrico Letta, on the Datagate

CHAMBER OF DEPUTIES, XVII LEGISLATURE, 122nd MEETING, 20 DECEMBER 2013.

On 20 November 2013, the President of the Council of Ministers, Mr. Enrico Letta, gave an urgent report before the Chamber of Deputies on the so-called Datagate, the scandal initiated by the declarations of Edward Snowden. Mr Letta described how the US National Security Agency (NSA) could monitor the flow of metadata of Internet communications at a global level (PRISM Programme). Another surveillance programme (Tempora) would have been established by the British intelligence to monitor communications in submarine fibre-optic cables. In light of this background, he stated:  

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The Debate in the Sixth Committee on the Obligation to Extradite or Prosecute (Aut Dedere Aut Judicare)

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), 4 NOVEMBER 2013.

On 4 November 2013, during the debate in the Sixth Committee of the UN General Assembly on the Report of the International Law Commission, the Italian delegate, Mr Mauro Politi, submitted the comments of his delegation on the work conducted by the ILC on the “Obligation to Extradite or Prosecute (aut dedere aut judicare)”. He stated:

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The Debate in the Sixth Committee on the Protection of the Environment during Armed Conflicts

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).

On 4 November 2013, during the debate in the Sixth Committee of the UN General Assembly on the Report of the International Law, the Italian delegate, Mr. Mauro Politi, submitted the comments of his delegation on the topic of “Protection of the Environment in relation to Armed Conflicts”. Mr. Politi noted that the Report of the ILC indicated that “an informal dialogue” had taken place between the Special Rapporteur, Ms. Marie Jacobsson, and the members of the Commission on elements such as scope and methodology, the general direction and the timetable for future work. In this respect, he observed what follows:

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The Long-Term Programme of Work of the ILC, Including Comments on the Rule of Law

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 some remarks on the long-term programme of work of the International Law Commission, with reference inter alia to the topic of the Rule of Law. He stated:

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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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