La persistenza della guerra e il diritto costituzionale

The War persistence and Constitutional Law

Abstract

In the last decades, armed conflicts between states and, in general, international crisis have taken place in such a manner that doesn’t allow anymore to refer exclusively to the term “war”. Consequently, the constitutional prohibition provided by art. 11 of the Constitution may result outdated and, in the end, unfit to provide safe solutions for the constitutional challenge of international conflicts resolution initiatives. Nonetheless, the wide scope of the emergency legislation provision endows the State with the appropriate powers to take the necessary measures. The article analyses the initiatives that Italy has recently taken in the ongoing conflict between Ukraine and Russia with the purpose to verify the compatibility with Constitutional law.

Keywords: War; Non-belligerant state; International armed conflict; Mootw; Neutrality; Emergency legislation; Defence constitution