Italy
Italy has dedicated counterterrorism legislation in place in its Criminal Code. New offences were added in 2015. There is no carve-out for the exercise of fundamental human rights.
The Definition of Terrorism in Domestic Law
Conduct for terrorist purposes is defined in the Criminal Code as follows:
Conduct which, due to its nature or context, is likely to cause serious damage to a country or to an international organization and which is carried out for the purpose of intimidating the population or compelling the public authorities or an international organization to carry out or refrain from perform any act or destabilize or destroy the fundamental political, constitutional, economic and social conditions of a country or of an international organization, as well as other defined conduct in conventions or other provisions of international law binding upon Italy.Art. 270(6), Criminal Code of Italy.
Adherence to Global and Regional Terrorism Treaties
Italy is a State Party to all of the main United Nations treaties on terrorism.
| Treaty | Adherence |
|---|---|
| 1973 Convention on Crimes against Internationally Protected Persons | State Party |
| 1979 Hostage-Taking Convention | State Party |
| 1997 Terrorist Bombings Convention | State Party |
| 1999 Terrorist Financing Convention | State Party |
| 2005 Nuclear Terrorism Convention | State Party |
Italy is also a State Party to the European treaties on terrorism.
| Treaty | Adherence |
|---|---|
| 1977 European Convention on the Suppression of Terrorism | State Party |
| 2003 Protocol amending the European Convention on the Suppression of Terrorism | State Party |
| 2005 Convention on the Prevention of Terrorism | State Party |
| 2015 Additional Protocol to the Convention on the Prevention of Terrorism | State Party |
In adhering to the 1977 Convention, Italy declared that
it reserves the right to refuse extradition and mutual assistance in criminal matters in respect to any offence mentioned in Article 1 which it considers to be a political offence, an offence connected with a political offence or an offence inspired by political motives : in this case Italy undertakes to take into due consideration, when evaluating the character of the offence, any particularly serious aspects of the offence, including :
a. that it created a collective danger to the life, physical integrity or liberty of persons ; or,
b. that it affected persons foreign to the motives behind it ; or,
c. that cruel or vicious means have been used in the commission of the offence.
Laws and Penalties for Terrorist Offences
According to Article 270 bis of the Criminal Code, anyone who promotes, establishes, organizes and finances associations with the aim of committing acts of violence with the aim of terrorism including when they are directed against a foreign State, institution, or international body, or subversion of the democratic order is punished with imprisonment for between seven and fifteen years. For those who participate in terrorist groups, imprisonment is for between five and ten years.
Counterterrorism Capacities and Policies at Domestic Level
Italy has specialized counterterrorism capacity in its carabinieri.
Glossary
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