PIRACY: ITALY FAVORS ROBUST APPROACH BUT MAY LACK

C O N F I D E N T I A L ROME 001485 SIPDIS PM/PPA FOR DAVID GLANCY, PM/ISO FOR JEFF FREDERICK E.O. 12958: DECL: 12/06/2018 TAGS: PREL MOPS PBTS PHSA PTER NATO IT SUBJECT: PIRACY: ITALY FAVORS ROBUST APPROACH BUT MAY LACK LEGAL FRAMEWORK REF: STATE 126055 Classified By: Acting Political Minister-Counselor J. Liam Wasley for R easons 1.4 (B) and (D) ¶1. (C) Poloffs raised reftel points with Italian MFA NATO Desk Officer Andrea Romussi and UN Desk Officer Gabriela Biondi on December 4. They said Italy shared U.S. concerns over the increasing danger of piracy and the threat it posed to commerce, maritime safety and the delivery humanitarian assistance. Romussi noted that Italy is committed to a robust effort: The Standing NATO Maritime Group implementing Operation Allied Provider is commanded by an Italian Rear Admiral and Italy is sending two officers to the UK-based headquarters of the EU's ATALANTA Operation. ¶2. (C) Romussi said the GOI was pleased with the authorities contained in the recently-passed UNSCR 1846, and agrees with our position that there is a sufficiently strong body of international law empowering nations to detain and prosecute pirates captured on the high seas. Italian MOD lawyers, however, object that Italian law lacks explicit provisions for implementing international legal authorities in such a way that would allow Italian naval commanders to overcome domestic legal requirements (such as the law that every arrest must be countersigned by an Italian magistrate within 48 hours). The MFA, MOD and Ministry of Justice will meet on December 16 to address the problem, but until it is resolved, Italian naval commanders are more likely to try to scare off pirates than to detain them. (Note: Italian Chief of Defense General Camporini recently expressed the same legal reservations to Ambassador Spogli and the DATT). ¶2. (C) Romussi added that one alternative being explored is to hand over captured pirates for prosecution in countries like Kenya or the Seychelles that do not have the death penalty (an Italian legal requirement that is binding on military forces deployed overseas). The MFA is also considering a proposal to add piracy to the agenda of the informal NATO-Russia Council meetings -- in part to provide a non-controversial venue for NRC dialogue, in part to encourage Russian naval assistance in the Horn of Africa region. ¶3. (C) Biondi said Italy hopes to discuss the possibility of an expanded UN role in coordinating international anti-piracy efforts at next week's UN Security Council ministerial meeting on piracy. Biondi also highlighted the need for jurisdictional and legal assistance for states combating piracy in the waters around Somalia. (Note: In his meeting with Ambassador Spogli on December 3, Foreign Minister Frattini noted that the Secretary had raised the idea of a possible UNSC decision to create an international tribunal to deal with piracy and the he was interested in greater details about the proposal.) SPOGLI