Identifier
Created
Classification
Origin
08ROME1485
2008-12-08 09:50:00
CONFIDENTIAL
Embassy Rome
Cable title:
PIRACY: ITALY FAVORS ROBUST APPROACH BUT MAY LACK
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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)
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
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