UNTC

Declarations and Reservations

(Unless otherwise indicated, the declarations and reservations were made upon ratification, accession or succession.
For objections thereto and declarations recognizing the competence of the Human Rights Committee under article 41, see hereinafter.)

Italy ²⁹

Italy29

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Article 15, paragraph 1

With reference to article 15, paragraph 1, last sentence: "If, subsequent to the commission of the offence, provision is made by law for the imposition of a lighter penalty, the offender shall benefit thereby", the Italian Republic deems this provision to apply exclusively to cases in progress.

Consequently, a person who has already been convicted by a final decision shall not benefit from any provision made by law, subsequent to that decision, for the imposition of a lighter penalty.

Article 19, paragraph 3

The provisions of article 19, paragraph 3, are interpreted as being compatible with the existing licensing system for national radio and television and with the restrictions laid down by law for local radio and television companies and for stations relaying foreign programmes.

Objections

(Unless otherwise indicated, the objections were made upon
ratification, accession or succession.)


Italy Italy 5 October 1993 "The Government of Italy, ..., objects to the reservation to art. 6 paragraph 5 which the United States of America included in its instrument of ratification. In the opinion of Italy reservations to the provisions contained in art. 6 are not permitted, as specified in art.4, para 2, of the Covenant. Therefore this reservation is null and void since it is incompatible with the object and the purpose of art. 6 of the Covenant. Furthermore in the interpretation of the Government of Italy, the reservation to art. 7 of the Covenant does not affect obligations assumed by States that are parties to the Covenant on the basis of article 2 of the same Covenant. These objections do not constitute an obstacle to the entry into force of the Covenant between Italy and the United States." 28 June 2011 With regard to the reservations made by Pakistan upon ratification: “The Government of Italy has examined the reservations made on 23 June 2010 by the Islamic Republic of Pakistan upon ratification of the International Covenant on Civil and Political Rights. The Government of Italy has noted that the reservations to Articles 3, 6, 7, 18, 19, 12, 13 and 25 makes the constitutive provisions of International Covenant subject to the national law of the Islamic Republic of Pakistan (the Constitution, its domestic law and/or Sharia laws). In the view of the Government of Italy a reservation should clearly define for the other States Parties to the Covenant the extent to which the reserving State has accepted the obligations of the Covenant. A reservation which consists of a general reference to national provisions without specifying its implications makes it unclear to what extent the Islamic Republic of Pakistan considers itself bound by the obligations of the Covenant and therefore raises concerns as to the commitment of the Islamic Republic of Pakistan to the object and purpose of the Covenant. The Government of Italy is of the view that such general reservations are incompatible with the object and purpose of the Covenant and may undermine the basis of international treaty law. The Government of Italy recalls that customary international law as codified by the Vienna Convention on the Law of Treaties, and in particular Article 19 (c), sets out that reservations that are incompatible with the object and purpose of a treaty are not permissible. The Government of Italy, therefore, objects to the aforesaid reservations made by the Islamic Republic of Pakistan to Articles 3, 6, 7, 18, 19, 12, 13 and 25 of the International Covenant on Civil and Political Rights. This objection shall not preclude the entry into force of the Covenant between Italy and the Islamic Republic of Pakistan.” 21 May 2019 With regard to the reservations and statements made by Qatar upon accession: “The Government of the Italian Republic has carefully examined the reservation and statement by the State of Qatar with regard to the International Covenant on Civil and Political Rights of 16 December 1966. The reservations to Article 3 and to Article 23 .4 as well as statements 1 to 4 make the application of specific provisions of the Covenant subject to the Islamic Sharia or national legislation. Statements 1 to 4 are thus of their nature also reservations. The Government of the Italian Republic is of the opinion that by making the application of Articles 3, 7, 8, 18.2, 22, 23.2 and 23.4 of the Covenant subject to the Islamic Sharia or national law, the State of Qatar has submitted reservations which raise doubts concerning the extent to which it intends to fulfil its obligations under the Covenant. The above-mentioned reservations are incompatible with the object and purpose of the Covenant and are accordingly not permitted under customary international law, as codified in Article 19 sub-paragraph (c) of the Vienna Convention on the Law of Treaties of 23 May 1969. The Italian Republic thus objects to these reservations. This objection shall not preclude the entry into force of the Covenant between the Italian Republic and the State of Qatar.”

Italy

5 October 1993

"The Government of Italy, ..., objects to the reservation to art. 6 paragraph 5 which the United States of America included in its instrument of ratification.

In the opinion of Italy reservations to the provisions contained in art. 6 are not permitted, as specified in art.4, para 2, of the Covenant.

Therefore this reservation is null and void since it is incompatible with the object and the purpose of art. 6 of the Covenant.

Furthermore in the interpretation of the Government of Italy, the reservation to art. 7 of the Covenant does not affect obligations assumed by States that are parties to the Covenant on the basis of article 2 of the same Covenant.

These objections do not constitute an obstacle to the entry into force of the Covenant between Italy and the United States."

28 June 2011

With regard to the reservations made by Pakistan upon ratification:

“The Government of Italy has examined the reservations made on 23 June 2010 by the Islamic Republic of Pakistan upon ratification of the International Covenant on Civil and Political Rights.

The Government of Italy has noted that the reservations to Articles 3, 6, 7, 18, 19, 12, 13 and 25 makes the constitutive provisions of International Covenant subject to the national law of the Islamic Republic of Pakistan (the Constitution, its domestic law and/or Sharia laws).

In the view of the Government of Italy a reservation should clearly define for the other States Parties to the Covenant the extent to which the reserving State has accepted the obligations of the Covenant. A reservation which consists of a general reference to national provisions without specifying its implications makes it unclear to what extent the Islamic Republic of Pakistan considers itself bound by the obligations of the Covenant and therefore raises concerns as to the commitment of the Islamic Republic of Pakistan to the object and purpose of the Covenant.

The Government of Italy is of the view that such general reservations are incompatible with the object and purpose of the Covenant and may undermine the basis of international treaty law.

The Government of Italy recalls that customary international law as codified by the Vienna Convention on the Law of Treaties, and in particular Article 19 (c), sets out that reservations that are incompatible with the object and purpose of a treaty are not permissible.

The Government of Italy, therefore, objects to the aforesaid reservations made by the Islamic Republic of Pakistan to Articles 3, 6, 7, 18, 19, 12, 13 and 25 of the International Covenant on Civil and Political Rights.

This objection shall not preclude the entry into force of the Covenant between Italy and the Islamic Republic of Pakistan.”

21 May 2019

With regard to the reservations and statements made by Qatar upon accession:

“The Government of the Italian Republic has carefully examined the reservation and statement by the State of Qatar with regard to the International Covenant on Civil and Political Rights of 16 December 1966.

The reservations to Article 3 and to Article 23 .4 as well as statements 1 to 4 make the application of specific provisions of the Covenant subject to the Islamic Sharia or national legislation. Statements 1 to 4 are thus of their nature also reservations.

The Government of the Italian Republic is of the opinion that by making the application of Articles 3, 7, 8, 18.2, 22, 23.2 and 23.4 of the Covenant subject to the Islamic Sharia or national law, the State of Qatar has submitted reservations which raise doubts concerning the extent to which it intends to fulfil its obligations under the Covenant.

The above-mentioned reservations are incompatible with the object and purpose of the Covenant and are accordingly not permitted under customary international law, as codified in Article 19 sub-paragraph (c) of the Vienna Convention on the Law of Treaties of 23 May 1969. The Italian Republic thus objects to these reservations.

This objection shall not preclude the entry into force of the Covenant between the Italian Republic and the State of Qatar.”

Declarations recognizing the competence of the Human Rights Committee under article 41 ⁴⁶

(Unless otherwise indicated, the declarations were made
upon ratification, accession or succession.)

Italy

15 September 1978

The Italian Republic recognizes the competence of the Human Rights Committee, elected in accordance with article 28 of the Covenant, to receive and consider communications to the effect that a State party claims that another State party is not fulfilling its obligations under the Covenant.

Notifications under Article 4 (3) of the Covenant (Derogations)

(Taking into account the important number of these declarations, and in order not to increase excessively the number of pages of the present publication, the text of the notifications has in some cases, exceptionally, been abridged. Unless otherwise indicated, when the notification concerns an extension, the said extension affects those articles of the Covenant originally derogated from, and was decided for the same reasons. The date on the right hand, above the notification, is the date of receipt.)