Italian arms to Ukraine, the constitutionalist Celotto: “An explicit resolution was needed”. Interview
Italy will send anti-tank and anti-aircraft systems, machine guns and mortars to Ukraine. It is the first time that our country carries out a direct transfer of weapons, ammunition and war material, even lethal, to another sovereign state. So much so that in these hours he questions us about the legitimacy of this decision, since article 11 of the Italian Constitution provides for the repudiation of the war “as an instrument of offense to the freedom of other peoples“And to stay away from conflicts also” as a means of resolving international disputes “. Let’s try to clarify the topic with the contribution of the Professor Alfonso CelottoProfessor of Constitutional Law at the Roma Tre University, former head of the legislative office and head of the cabinet of ministers Emma Bonino, Roberto Calderoli, Fabrizio Barca, Carlo Trigilia, Federica Guidi and Giulia Grillo.
Professor, is sending lethal weapons to Ukraine contrary to Article 11 of the Constitution?
“Initially in the Constitution it was written ‘Italy renounces war’. Then there was discussion in the Constituent Assembly to say that an even stronger verb was needed, because it is not enough to give up and move away from the war, but it must be said that Italy repudiates it and cannot legitimize it in any way. The point is that there is a law of 1990, 185, which in principle prohibits the export and sale of lethal weapons and establishes that everything is subject to State authorizations and controls. But it also leaves the possibility for the Council of Ministers, in agreement with NATO and the UN, to take different measures “.
So the government’s decision was made on the basis of this last rule …
“Yes, for this reason yesterday the Council of Ministers approved the decree law. Obviously Italy has international obligations towards NATO countries and therefore it is through NATO that these weapons are sent. But a piece of legislation was needed to derogate from the 1990 law. It’s an old question. As early as 30-40 years ago, discussions began on whether Italy could participate in UN peacekeeping missions. We asked ourselves: does the Constitution say that Italy repudiates war and then we go to Afghanistan? You can go there, but with an explicit resolution in line with international decisions “.
However, in this case there was no resolution …
“In this case, the UN resolution is still missing, but the weapons are running on NATO platforms. In this case, Italy does not give arms to Ukraine, it gives them to NATO. It is certainly a very delicate issue, because Italy is a pacifist country. There is not only Article 11 of the Constitution, but also Article 52 which speaks of the sacred duty to defend the homeland ”.
It should also be said that in recent years Italy has intensified the sale of arms to countries that are not part of the European Union and NATO, including Russia itself.
“These are commercial policy talk. They should never be lethal weapons. In the case of Ukraine, on the other hand, we are talking about the supply of lethal weapons to a country at war ”.
What does the Italian government’s decision to declare a state of emergency, until 31 December 2022, entail in relation to the Ukrainian crisis?
“It has nothing to do with the state of emergency to which we have unfortunately become accustomed over the past two years. This is a state of war emergency, which concerns the mobilization of forces, troops, participation in international agreements, the sending of soldiers to NATO. We must remember that the state of emergency is not only that of Covid, but can concern earthquakes, floods and even a war next to our home “.
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