Tag Archives: ISIS

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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