Ten Italian jurists sent a formal warning to the Italian government last week, calling on it to denounce the Memorandum of Understanding on military and defense cooperation with Israel, which is set to renew on June 8 for another five years, and threatening legal action if the government fails to do so.
The jurists claim the memorandum is in "blatant, deliberate, systematic, and intersectional violation of general international law, treaty-based international law, and humanitarian law."
The memorandum was signed in Paris on June 16, 2003, “between the Government of the Italian Republic and the Government of the State of Israel on cooperation in the military and defense sectors." Still, according to the warning, it has remained "shrouded in military secrecy" since that point. The memorandum provides for automatic five-year renewals unless written notice of termination is given by one of the parties to the other before the end of the five-year term.
Now, the 10 experts in constitutional and international law, including Ugo Mattei, Fabio Marcelli, and Domenico Gallo, have filed a warning to the Meloni administration. They are represented by the Luigi Paccione law firm in Bari.
The two main issues presented by the jurists are, firstly, what they call a systematic violation of international and humanitarian law by the Jewish State. Secondly, the Italian people are being denied the right to information on the contents and costs of the memorandum.
The jurists claim to be representative of "the Italian Constitution, the European Convention on Human Rights (ECHR), and the Treaties of the European Union, as well as the 'International Bill of Human Rights' of the United Nations and the 'UN Declaration on Human Rights Defenders,' adopted by UN General Assembly Resolution No. 53/144 in 1999."
As stated, one of the central issues raised by the jurists is the fact that the details and activities involved in the memorandum "are not all accessible to the knowledge of Italian citizens, due to the fact that it contains classified information, some even covered by military secrecy."
The jurists allege that such secrecy implies, "by its very nature, that the memorandum likely involves exchanges of information not for civilian purposes, but at the very least for defense—if not for geopolitical strategy or conflict."
As the implementation of the memorandum incurs costs to the state budget, i.e., Italian citizens, the letter argues that the public should have access to its "actual implementation in real-life scenarios."
The secrecy of the memorandum violates the Italian constitution
The letter also claims that the secrecy of the memorandum is in direct violation of the Italian constitution, specifically the protected right to information under Article 21, and the human right to peace, as protected by Article 10 of the Constitution in conjunction with Article 28 of the Universal Declaration of Human Rights.
According to the jurists, the memorandum has been permanently in constitutional violation since its imposition. The jurists highlight the three renewals to date of the memorandum, which coincided with three important events within the Israel-Palestinian conflict.
The first renewal of the memorandum coincided with "Operation Cast Lead" in 2009, which the jurists said resulted in 1,400 Palestinian deaths and thousands of injuries in Gaza, citing Amnesty International and the UN fact-finding mission.
The second renewal coincided with 2014's "Operation Protective Edge", which the jurists claimed resulted in more than 2,200 Palestinian deaths, citing the UN Report. The third renewal coincided with the 2018–2019 Gaza border protests ("Great March of Return") which the UN claimed resulted in 230 Palestinian deaths.
As a result, the jurists say Italy is not fulfilling its commitments under treaty-based international law by renewing the memorandum, given Israel's alleged ius in bello and ius ad bellum violations.
The jurists end by formally asking the Ministry of Defense and the Ministry of Foreign Affairs and International Cooperation (MAECI) to initiate the procedure for denouncing the memorandum; to inform [the jurists] of the initiation of the denouncement within 60 days; and to inform the [jurists], of the names of the officials responsible for initiating the denunciation procedure within 60 days.
The jurists then warn that "in the event of non-response or failure to act" they will "proceed through all legally permitted channels."
Fausto Gianelli told the Palestine Chronicle that “the renewal of this agreement represents a confirmation of Italian support for the Israeli war machine."
He added that “The Italian government has a legal, not just moral, duty to act accordingly."
❌BREAKING ❌— Italian lawyers take legal action against Italian government for ongoing collaboration with Israel, including its legal defense.Under int'l law—and Italian Constitution—Israel must suspend the MoU. Italians must make sure their gov acts accordingly. https://t.co/oxq1ByQ91D
— Francesca Albanese, UN Special Rapporteur oPt (@FranceskAlbs) May 26, 2025
UN Special Rapporteur for Palestine, Francesca Albanese, took to Twitter to support the legal action against the Italian government. She posted that the MoU must be suspended according to Italian and international law.
However, Anne Herzberg, the legal advisor of NGO Monitor and an expert on international human rights law, told the Jerusalem Post that the letter "looks to be a PR stunt dressed up as a legal document aimed at pressuring the Italian government."
"If the goal of these activists were to end the war and ensure 'respect' for international law, their time would be better spent campaigning for the release of the hostages and ending Hamas’ aid diversion," she added.
