Ripudio della guerra e neutralità alla luce dell’articolo 11 Cost.

Giuseppe de Vergottini

Professore emerito di Diritto costituzionale Università di Bologna, già Presidente della Classe di Scienze Morali dell’Accademia delle Scienze, Accademico Emerito

Abstract

In constitutional law it is broadly accepted that the prohibition of the use of war is a central principle within the framework of the UN Charter concerning the use of force. One profile that has long remained outside the attention of domestic public law scholars and commentators is that concerning the neutrality regime, a legal concept traditionally addressed only by internationalists. In view of the change in the geopolitical context caused by Russian aggression, which calls for an updated reflection to assess the current trends in the law of neutrality, this contribution highlights the relationship between the principle of repudiation of war enshrined in the Italian Constitution and the constraint of neutrality, which under Art. 11, 1°c. of the Italian Constitution complements the internal legal order as it is part of generally recognised customary law. In addition, the important question is analysed of how the decision to take sides in favour of the aggressed party is concretely qualified.

Keywords

Repudation of war, Neutrality, Qualified neutrality, Non-belligerency.

© Giuseppe de Vergottini, 2024 / Doi: 10.30682/annalesm2402d

This is an open access article distributed under the terms of the CC BY 4.0 license