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.
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, and endorsed by the United Nations (UN) Security Council as the sole legitimate executive authority in Libya. On 8 May 2017, during a briefing at the UN Security Council on the situation in Libya (7934th Meeting), the Permanent Representative of Italy to the United Nations, Ambassador Sebastiano Cardi, declared:
On 10 March 2017, during a meeting of the Camera dei Deputati (Chamber of Deputies, 757th Meeting, XVII Legislature), Mr. Renato Brunetta, a member of the Italian Parliament, posed an interpellation to the Sottosegretario di Stato per la Giustizia (Undersecretary of State for Justice), Mr. Gennaro Migliore, regarding the right of defense before the Roman Rota in trials aimed at obtaining a declaration of nullity of marriage. In particular, Mr. Brunetta drew the Government’s attention to the fact that the Decano del Tribunale della Rota Romana (Dean of the Ecclesiastical Court), through a decree issued in December 2015, was preventing the parties to such trials from appointing their own defenders by claiming that prerogative for himself. The right of defense is enshrined in Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), to which the Holy See is not a party. The ECHR, however, is binding upon Italy, for which the same right is also a fundamental principle at the constitutional level.
Popular protests have been taking place in Venezuela at least since 2014: their targets are the Government’s crackdown on civil and political liberties and the grave economic crisis afflicting the country, which has inter alia resulted in skyrocketing inflation and a persistent lack of essential goods.
In December 2015, parliamentary elections were held and won by the Democratic Unity Roundtable (MUD), a coalition of parties opposing President Nicolás Maduro and his United Socialist Party (PSUV). In the following months, President Maduro declared the state of emergency and assumed more powers, while the MUD started to collect signatures for a referendum to remove him from office before the natural end of his term. In October 2016, however, the National Electoral Council suspended the referendum process; new demonstrations against this decision took place.
Italian Governments have long considered human rights protection as a fundamental guiding principle of their foreign policy. In a number of cases, Italy has thus used its diplomatic pressure to criticise human rights infringements committed by other States. In this area, Italy has increasingly acted in coordination with its European partners and in the framework of relevant international organisations, from the United Nations (UN) to the European Union (EU) and the Council of Europe (CoE). Moreover, Italy has often referred explicitly to international human rights treaties to remind other countries of their legal obligations in the field.
At the beginning of 2016, the Italian national Giulio Regeni was murdered in Cairo in unclear circumstances. This soon became a major issue in the foreign policy of Italy and a cause of tension in its relations with Egypt. The event is here illustrated through the accounts given by the members of the Italian Government themselves, on the occasion of official reports to the Parliament. At the same time, some important political and legal aspects are also briefly addressed.
NEW YORK, 71st GENERAL ASSEMBLY MEETING ON THE REPORT OF THE INTERNATIONAL COURT OF JUSTICE, 27 OCTOBER 2016
On 27 October 2016, at the 71st General Assembly Meeting on the Report of the International Court of Justice, Minister Plenipotentiary Andrea Tiriticco, Director for International Legal Affairs at the Ministry of Foreign Affairs, reaffirmed Italy’s abidance by the international rule prohibiting the use of force in inter-State relations. In his words:
CHAMBER OF DEPUTIES, XVII LEGISLATURE, 699th MEETING, 26 OCTOBER 2016.
On 26th October 2016, during a question time taking place at the Chamber of Deputies, the Minister of Foreign Affairs, Mr Paolo Gentiloni Silveri, clarified the Italian position on arms export to Saudi Arabia. He stated:
During 2016, the Italian Government was often questioned before the Parliament about arms exports from Italy to countries where either a conflict was occurring or international norms were being violated. The statements by the different members of the Government highlighted a heterogeneous practice, contingent upon different variables, some of which related to the presence of international measures and others to political considerations of the Government itself.
CHAMBER OF DEPUTIES, XVII LEGISLATURE, 699th MEETING, 26 OCTOBER 2016.
On 26 October 2016, the Minister of Foreign Affairs and International Cooperation, Mr Paolo Gentiloni Silveri, answered three parliamentary questions regarding the abstention of Italy on Decision 200 EX/25 on Occupied Palestine approved by the UNESCO Executive Board on 13 October 2016. The decision was adopted with 24 votes in favour, 6 against, and 26 abstentions. The text of the decision regrets ‘the Israeli refusal to implement previous UNESCO decisions concerning Jerusalem’ and deplores ‘the failure of Israel, the occupying Power, to cease the persistent excavations and works in East Jerusalem particularly in and around the Old City’. In section 25.1.A, the decision makes reference to several issues related to the ‘Al Aqṣa Mosque/Al-Ḥaram Al-Sharif’ condemning, inter alia, ‘escalating Israeli aggressions […] against the freedom of worship and Muslims’ access to their holy site’, as well as deploring ‘the continuous storming’ of the mosque ‘by Israeli right-wing extremists and uniformed forces’. In doing so, the resolution does not make reference to the Jewish ‘Temple Mount’. Mr Gentiloni started by illustrating the Italian position on the Israeli-Palestinian conflict more generally:
Throughout 2016, the Italian Government was called upon on several occasions to express its position on the negotiation and approval of the Comprehensive Economic and Trade Agreement between Canada and the EU (CETA). In May 2016, the Government – in contrast with the wide majority of the other EU Member States – announced its willingness to consider CETA as a “EU only agreement”, falling within the sole competence of the EU as part of its commercial policy. On the contrary, in July 2016 the EU Commission decided to qualify CETA as a “mixed agreement”, subject to the approval of each of the national parliaments of the EU Member States. The Government’s view on the matter was expressed in particular on the following occasions: