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Lastly, Article 11 includes a general directive to the Italian political and institutional bodies in their international relations, requiring them to actively pursue a pacifist policy and absolutely prohibiting any involvement in wars of an offensive nature or as means ‘for the settlement of international disputes’.[56] Yet, this does not exclude participation in wars waged to defend the homeland and the territory of another State. The Constitution does not explicitly clarify whether or not it is allowed to participate in wars to defend other States, thus opening up the space for the identification of an implicit authorization through international law.[57]
In the silence of the Constitution, the concept of ‘defensive warfare’ should be defined in light of the international rules governing the use of force and those provisions regulating the exercise of individual or collective self-defence. The ‘opening’ of the Constitution to international law allows for an integrative interpretation of its provisions, like the recognition of the ‘natural right’ to self-defence or defensive support in certain circumstance.[58] What is more, in the present geopolitical situation, defence of the Homeland under Article 52 of the Constitution as ‘a sacred duty for every citizen’, cannot but include defensive alliances between States, with all the related consequences in terms of mutual assistance in the event of an invasion by a third country.[59] ..."
Questions of International Law
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