This chapter examines the meaning and development of the pacifist principle in the Italian legal order, with particular reference to Article 11 of the Italian Constitution. It begins by reconstructing the historical and doctrinal background of this principle, highlighting its connection with the broader post-war institutional settlement and with Italy’s openness to international law and international organisations. The chapter then analyses the legal framework governing the use of force, with particular attention to the interaction between Article 11 and other relevant constitutional provisions, including Articles 10, 78, 87, and 117. Special consideration is given to the distinction between war, a state of war, and military missions in the Italian legal context. From this perspective, the chapter reviews several major issues of Italian involvement in international crises and armed conflicts, including the Second Gulf War, Kosovo, Afghanistan, Iraq, Libya and Ukraine. In doing so, it provides an overview of the evolving debate on the conditions, limits and procedures governing Italy’s participation in the use of force within the international order.
1. The « Pacifist Principle » and the « Use of Force » in the italian Constitution
Massimo Cavino
;Massimiliano Malvicini
2026-01-01
Abstract
This chapter examines the meaning and development of the pacifist principle in the Italian legal order, with particular reference to Article 11 of the Italian Constitution. It begins by reconstructing the historical and doctrinal background of this principle, highlighting its connection with the broader post-war institutional settlement and with Italy’s openness to international law and international organisations. The chapter then analyses the legal framework governing the use of force, with particular attention to the interaction between Article 11 and other relevant constitutional provisions, including Articles 10, 78, 87, and 117. Special consideration is given to the distinction between war, a state of war, and military missions in the Italian legal context. From this perspective, the chapter reviews several major issues of Italian involvement in international crises and armed conflicts, including the Second Gulf War, Kosovo, Afghanistan, Iraq, Libya and Ukraine. In doing so, it provides an overview of the evolving debate on the conditions, limits and procedures governing Italy’s participation in the use of force within the international order.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.


