La nuova disciplina italiana sulle operazioni di « intelligence di contrasto » all’estero

This paper explores some critical issues linked to Article 7-bis of the Law No. 198/2015, which has recently modified the Italian legislation on operations carried out by the intelligence and security services abroad. Article 7-bis, paragraph 1, allows the Prime Minister to resort to intelligence measures with the support of the Defense special forces in crisis or emergency situations abroad involving national security issues or for the protection of Italian citizens abroad. The letter of the rule, however, has to be harmonized with international obligations binding Italy both in wartime and in peacetime. To this aim, an overview of spying activities performed by both civilians and militaries in wartime and in peacetime is given together with an exam of the role of the receiving State consent and the functional immunity to be recognized to intelligence agents and Defense special forces.