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Malta Faces Renewed EU Scrutiny Nine Years After Daphne Caruana Galizia’s Murder

21 October 2026 at 22:20

The European Commission has urged Malta to strengthen judicial independence, tackle corruption and improve protection for journalists, as a European Parliament debate exposes continuing disagreements over the country’s rule-of-law record.

The European Commission has called on Malta to accelerate judicial reforms and strengthen safeguards for journalists, nine years after the assassination of investigative reporter Daphne Caruana Galizia, as the European Parliament revisited concerns over corruption and institutional accountability on Wednesday, 21 October.

European Commissioner for Democracy, Justice, the Rule of Law and Consumer Protection Michael McGrath told MEPs in Strasbourg that Malta had made progress in certain areas but had yet to implement several outstanding recommendations concerning judicial independence, high-level corruption and media freedom.

The debate followed the controversial acquittal of businessman Yorgen Fenech, who had been accused of involvement in Caruana Galizia’s murder. Maltese prosecutors appealed the verdict in September, leaving the criminal proceedings subject to further judicial consideration.

Commission identifies continuing weaknesses

The European Commission’s 2026 Rule of Law Report, published in July, assessed Malta’s progress in reforming its justice system, anti-corruption institutions and protections for the media.

The report acknowledged certain improvements, including additional resources allocated to judicial and prosecutorial authorities.

However, it found that progress remained limited on several recommendations.

These include reducing delays in judicial proceedings, improving the investigation and prosecution of high-level corruption and ensuring greater judicial involvement in the appointment of the Chief Justice.

The Commission has also expressed concern about the effectiveness of existing anti-corruption arrangements.

Although investigations and prosecutions have increased in some areas, Brussels continues to seek a stronger record of final judgments in major corruption cases.

Court delays and pressure on judicial resources remain significant difficulties.

McGrath told Parliament that the Maltese authorities must continue implementing reforms to address these shortcomings.

Fenech acquittal intensifies accountability debate

Caruana Galizia was killed by a car bomb near her home in Bidnija on 16 October 2017.

The 53-year-old journalist had investigated corruption, money laundering and political connections involving prominent figures in Malta’s business and political establishment.

Her assassination prompted international condemnation, widespread demonstrations and investigations into the circumstances surrounding the killing.

Several men have subsequently been convicted for participating in the murder or supplying the explosives.

However, the criminal proceedings concerning the alleged commissioning of the assassination have remained contentious.

On 2 September 2026, a nine-member jury acquitted businessman Yorgen Fenech of complicity in the murder and criminal association. The verdict was reached by eight votes to one.

Fenech had denied ordering or financing the killing.

The acquittal prompted criticism from Caruana Galizia’s family and organisations campaigning for press freedom.

On 22 September, Malta’s Attorney General formally appealed the verdict, challenging legal decisions made during the trial.

The appeal does not overturn Fenech’s acquittal or establish criminal responsibility.

The Court of Criminal Appeal must determine whether the legal grounds presented justify further proceedings, potentially including a retrial.

The criminal case remains separate from the broader political debate over Malta’s institutional reforms.

Maltese MEPs clash in Strasbourg

Wednesday’s parliamentary debate exposed sharp disagreements between representatives of Malta’s opposition Nationalist Party and governing Labour Party.

Nationalist MEPs Peter Agius and David Casa criticised the authorities’ record on corruption and institutional accountability.

Agius argued that repeated European Commission assessments had failed to produce sufficient improvements and questioned whether Malta’s institutions were effectively addressing allegations of wrongdoing.

Casa referred to the findings of the independent public inquiry into Caruana Galizia’s assassination, which concluded in 2021 that the state had contributed to circumstances in which a climate of impunity enabled the killing.

He argued that significant recommendations arising from that inquiry remained outstanding.

Labour MEP Alex Agius Saliba rejected the criticism, maintaining that Malta had implemented reforms and that its judicial institutions should be allowed to perform their functions independently.

He pointed to the prosecution’s appeal against Fenech’s acquittal as evidence that the judicial process was continuing.

Labour MEP Thomas Bajada concentrated on the protection of journalists and the need to counter misinformation while preserving independent reporting.

The disagreements subsequently prompted a response from Maltese Prime Minister Robert Abela, who accused opposition MEPs of damaging Malta’s reputation through their interventions.

Protection of journalists remains unfinished

Media freedom featured prominently in the Commission’s concerns.

Malta has introduced legislation addressing certain abusive legal proceedings against journalists, including transposing EU protections against strategic lawsuits intended to discourage public participation.

However, the existing measures principally concern civil proceedings with cross-border implications.

The Commission has urged Malta to extend comparable protections to domestic cases.

Other concerns include journalists’ access to official information, protection from intimidation and the need for more comprehensive legislative safeguards.

McGrath indicated that the Maltese government intended to present additional media legislation in the coming weeks.

The Commission has called for consultations with journalists, media organisations and civil society before the measures are adopted.

European institutions are also examining Malta’s implementation of wider EU requirements under the European Media Freedom Act.

Further pressure for reform

The European Parliament’s proceedings form part of the continued scrutiny of Malta’s institutional record following Caruana Galizia’s assassination.

The Commission’s annual rule-of-law assessments provide a mechanism for identifying outstanding problems and monitoring governments’ responses.

However, the implementation of many recommendations remains the responsibility of national authorities.

For Malta, the immediate issues concern the government’s promised media legislation, outstanding judicial reforms and the progression of the appeal in the Fenech case.

The Commission has made clear that further improvements are required, while the Maltese government maintains that substantial institutional changes have already been introduced.

The next assessment will depend on legislative measures actually adopted, their implementation and progress through the relevant judicial proceedings.

Israel’s war on Iran is the final move in a decades-old strategy

Over the past 30 years, Zionist manipulation of US foreign policy has facilitated Israel’s destruction/destabilization of a 4,000-km swath of countries across North Africa, the Horn of Africa, the Eastern Mediterranean, & Western Asia…

Rezoning Request for Catholic Shrine May Have Been Denied Because of Shrine's "Pro-Life Message"

21 October 2026 at 16:35

From Judge Stephanos Bibas, joined by Judge Tamika Montgomery-Reeves, in Monday's Holy Trinity Ukrainian Catholic Church v. Township of Collier:

Holy Trinity is a Ukrainian Catholic parish outside Pittsburgh. It practices the Catholic faith, but with rituals and architecture that are distinctively Ukrainian. The parish owns two plots of land. On one of them, in Carnegie, sits a church, where it holds regular liturgies. The other plot, in nearby Collier Township, has been owned by the parish for more than seven decades. That 41-acre plot houses the parish's cemetery and mausoleum but is otherwise mostly wooded.

About three years ago, Holy Trinity's pastor felt called to turn the second plot into a shrine, a pilgrimage destination for faithful to gather from "near and far." The shrine would "honor Mary, the Mother of God, and would pay homage to the sanctity of life." With the help of lawyers, architects, and traffic consultants, Holy Trinity designed the shrine. It envisioned a 13,000-square-foot chapel with gold domes, a bell tower, a museum, a gift shop, and a retreat center.

But the plot is constrained by Collier Township's zoning code. The code divides the township into districts, each of which allows certain types of buildings. The northern, wooded half of the plot lies in a planned-economic-development district, allowing larger projects like business offices, amusement parks, or country clubs. The southern half is in a rural-residential district, allowing farms and single-family homes. Neither district contemplates shrines.

The zoning code is enforced by Collier's five-member Board of Commissioners. The Board has power not only to rezone land or amend the code, but also to approve or deny some building projects, because the code makes some land uses conditional. For instance, the code conditionally allows new churches in rural-residential districts, but only if the Board approves them. In any event, anything as big as Holy Trinity's shrine needs the Board's approval.

To fit the shrine project into the zoning code, Holy Trinity applied to do two things. First, it asked the Board to amend the zoning code to allow planned cultural centers, including the shrine, in economic-development districts. Second, it sought to rezone some of its rural-residential land into economic-development land, to make a larger plot for the shrine. As part of its application, Holy Trinity included sketches of its shrine plus a traffic study showing minimal impact on the surrounding community. After a live hearing with concerned residents, the Board denied Holy Trinity's application, expressing concern about traffic and Holy Trinity's fundraising projections. Some residents, and at least one Board member, were also troubled once they learned that the shrine's message would be pro-life.

So Holy Trinity tried again with a smaller project. It applied to build a modest chapel entirely on its rural-residential land. Though the Board approved the new application, it came with strings attached, limiting bell ringing, the height of the chapel, and who could be remembered at memorial services….

The majority held that Holy Trinity wasn't entitled to a preliminary injunction, because the harm could be repaired by damages (one of the elements of the preliminary injunction inquiry); on this matter, the majority and Judge Paul Matey's dissent had an interesting and complicated debate. But here's a passage as to the facts that struck me as worth noting, even apart from that controversy:

Finally, and most troubling, both community and Board members objected to the shrine's pro-life message. One resident worried that "Father Jason has been very involved in pro life. This is to be a pro life museum … [W]hen you think very political rights, either side, it brings a lot of danger, a lot of protests, as well as costs that could be incurred by the community." Another complained that "the intent of the shrine was a celebration for Roe vs. Wade being overturned … [and] reparation for sin of abortion and counseling, spiritual direction …. this will bring a bunch [of people] potentially for a rally and this could also bring the opposite as well for protest."

Privately, at least one of the Board's members agreed. The day after the hearing, that commissioner forwarded an email about the shrine's pro-life stance to the rest of the Board: "Looks like we might have dodged a bullet last night. The true inten[t] of the shrine" was pro-life and "This could have been a disaster." Another township officer, copied on the email, seemed to affirm those sentiments. Nothing in the record suggests that any other Board member responded and disagreed. And in her deposition, the Board member who wrote the email confirmed that "one of the reasons" that the Board had denied the application was Holy Trinity's pro-life purpose. She also defended denying land-use approval "based on the nature of the religious service to be held in the building."

These objections hint at unconstitutional religious hostility and content-based discrimination, concerns that would be better addressed on a more developed factual record. But at the very least, they strongly suggest that the Board resists ever approving the shrine project. If so, the rezoning denial is effectively absolute, and the "degree" of burden on Holy Trinity is substantial. Plus, the township does not show that denying approval altogether is the least-restrictive means to serve a compelling interest. That is enough to show that Holy Trinity is very likely to prevail on its RLUIPA [Religious Land Use and Institutionalized Persons Act] substantial-burden claim….

The post Rezoning Request for Catholic Shrine May Have Been Denied Because of Shrine's "Pro-Life Message" appeared first on Reason Magazine.

Meloni Toughens Italy’s Riot Laws After Milan Violence

21 October 2026 at 10:03

Italy’s response to a weekend of street violence has moved from emergency policing to tougher criminal law, with Prime Minister Giorgia Meloni seeking to reassert control after unrest in Milan and other northern cities

The government approved measures on Tuesday creating an offence of violent participation in demonstrations, extending preventive detention powers to teenagers aged 14–17 and making parents financially liable for damage caused by their children. The package also provides for 500 soldiers to support security operations in Milan through December.

The crackdown presents a defining challenge for a prime minister whose political identity rests heavily on law and order: demonstrating that stronger powers can prevent another eruption while addressing the conditions feeding public anger.

Milan’s damaged shopping streets have become the most visible symbol of that challenge. Weekend violence brought looting, fires and confrontations with police, exposing businesses and residents to disorder in Italy’s financial capital.

As EU Today reported in its earlier coverage of the unrest, police brought 271 people to headquarters following Sunday’s disturbances, including 220 minors. Thirty-two were formally arrested, a detail that matters when assessing the scale of alleged criminal involvement.

The prominence of teenagers has shaped the government’s response. According to the Associated Press, the decree makes prosecuting minors over 14 easier and includes plans to expand juvenile detention capacity and judicial resources. Parliament must convert the decree into law within 60 days.

For supporters, the argument is straightforward: shopkeepers should not have to absorb the cost of destruction, and officers need effective tools against groups exploiting demonstrations to commit offences.

Yet preventive detention raises a different question from punishment after conviction. Its credibility depends on clear evidence, consistent safeguards and meaningful scrutiny, particularly when those affected are children.

Making the distinction will help determine whether the package strengthens public confidence or deepens distrust among young people already alienated from political institutions.

The wider European debate offers a warning. In its earlier editorial, EU Global examined the tension between public-order legislation and the right to protest, arguing that governments risk restricting legitimate dissent when security powers expand too broadly. That commentary predates the Milan disturbances but addresses the central democratic question now confronting Italy.

Peaceful assembly and criminal violence require different responses. Protecting the former gives authorities greater legitimacy when confronting the latter; treating an entire demonstration as suspect risks weakening that distinction.

Meloni also faces a political vulnerability that additional arrests cannot automatically resolve. The Financial Times reported that the unrest involved teenagers mobilised through social media, many without political affiliations, against a background of economic stagnation and expensive living conditions.

Those circumstances complicate any attempt to explain the disorder through a single organisation, ideology or grievance. Online mobilisation can accelerate confrontation without producing leaders capable of negotiating an end to it.

For the government, this makes prevention as important as punishment. Better intelligence, timely deployment and coordination between national and municipal authorities will influence whether stronger legislation produces safer streets.

The same applies to the military presence. Soldiers can provide visible reassurance, but the political test will be whether residents and businesses experience sustained security once the immediate emergency passes.

Italy faces two connected tasks.

Establishing individual responsibility for destruction and restoring confidence that lawful political participation can deliver results will be the priorities if public respect for the law is to be maintained.

Meloni’s new measures offer a forceful immediate answer to the first. Their lasting success will depend on whether the government can make progress on the second, before another weekend of anger becomes another emergency requiring still tougher powers.

Trump's 50% Tariffs on Canadian Goods Illegally Rely on a Superseded Statute, a Lawsuit Argues

20 October 2026 at 22:10
a shipping container and a maple leaf with President Donald Trump in the background | Molly Riley/B66/Avalon/Newscom/Skypixel/Dreamstime

Last July, President Donald Trump imposed 50 percent tariffs on various Canadian goods, a list he subsequently expanded to include additional imports, some of which he banned outright. His legal justification was Section 338 of the Smoot-Hawley Tariff Act, which Congress approved in 1930. Section 338 authorized tariffs in response to discriminatory trade practices. But in the 96 years since it was enacted, no president had ever used it to impose tariffs.

Why is that? According to a lawsuit that the Liberty Justice Center (LJC) filed on Tuesday in the U.S. Court of International Trade (CIT), the answer is clear: Section 338 was superseded by subsequent legislation that likewise targeted discriminatory trade barriers, beginning with the Reciprocal Trade Agreements Act of 1934 and culminating in Section 301 of the Trade Act of 1974. Section 301, the current remedy, includes requirements that Trump apparently sought to dodge by invoking Section 338 instead.

That maneuver is illegal, the LJC argues. "Congress already gave the executive branch a tool for responding to unfair foreign trade practices: Section 301, which requires an investigation, public comment and other safeguards," says Jeffrey M. Schwab, the LJC's director of litigation. "The administration cannot skip those protections by reaching for a 1930 statute that no president had ever used to impose a tariff."

Why not? "Where provisions in two acts are in irreconcilable conflict, the later act, to the extent of the conflict, constitutes an implied repeal of the earlier one," the lawsuit says. "Where a later act covers the whole subject of an earlier one and is clearly intended as a substitute, it operates similarly as a repeal. And a specific policy embodied in a later federal statute controls the construction of an earlier one even absent express amendment."

Even if Section 338 somehow survived congressional approval of contrary laws, the LJC adds, Trump's tariffs exceed the authority it grants. And if Trump's interpretation of Section 338 were correct, the lawsuit says, the provision would violate the nondelegation doctrine, which bars Congress from delegating its tariff power to the president without providing "an intelligible principle" to guide and constrain his exercise of it.

Trump's Section 338 tariffs, in short, are "the Administration's latest attempt to exercise, through a statute never designed for the purpose, the tariff power that the Constitution assigns to Congress." That pattern should be familiar by now.

Shortly after taking office in 2025, Trump claimed to have discovered a previously unnoticed delegation of extensive tariff authority in the International Emergency Economic Powers Act (IEEPA), a 1977 law that does not mention import taxes and had never been used to impose them. That claim was rejected by every court that considered it, and last February the Supreme Court ruled that IEEPA does not authorize tariffs at all.

Trump responded to that decision by immediately announcing similarly broad tariffs under Section 122 of the 1974 Trade Act, which addresses "fundamental international payments problems" caused by "serious United States balance-of-payments deficits." In May, the CIT ruled that the new tariffs were illegal because Trump had failed to "identify balance-of-payments deficits within the meaning of Section 122."

Trump then switched to Plan C, invoking Section 301 of the Trade Act, which authorizes tariffs in response to a foreign "act, policy, or practice" that is "unreasonable or discriminatory" and "burdens or restricts" U.S. commerce. He claimed that provision justified tariffs on 86 trading partners, accounting for nearly all U.S. imports, because they had failed to "impose and effectively enforce a prohibition on the importation of goods produced with forced labor." The CIT is currently weighing challenges to those tariffs, including an LJC lawsuit.

Trump's Section 338 tariffs have now added to the CIT's caseload. The LJC represents Gellert Global Group, an importer that was hit hard by those taxes after Trump added cheese to the list of disfavored Canadian goods. The lawsuit asks the CIT to certify a class of importers, numbering in "the hundreds, if not the thousands," that likewise have been clobbered by Trump's 50 percent tariffs.

Since Trump obviously is aware of Section 301, why did he resort to a never-used, seemingly obsolete provision to justify the tariffs on imports from Canada? As the LJC notes, Section 301 requires an investigation by the Office of the U.S. Trade Representative, "consultation with the foreign country concerned, notice, public comment, a hearing, and determinations within statutory deadlines." It also requires "that action be equivalent in value to the burden imposed, that duties be preferred over other import restrictions, and that actions terminate after four years absent a request for continuation and review."

Can Trump avoid those constraints by invoking Section 338 instead? The LJC thinks not: "Congress did not intend to leave in place a parallel authority that would allow the President to impose the same remedies, for the same conduct, free of every one of those safeguards."

Section 338 has been "impliedly repealed," the LJC argues. "At a minimum, Section 301 controls where, as here, the President seeks to respond to foreign practices within Section 301's scope, and the President may not impose duties in response to such practices while disregarding the procedures and limits Section 301 imposes. Because the President did not proceed under Section 301, the Section 338 Tariffs are unlawful whether or not Section 338 survives."

Even if you ignore subsequent legislation, the LJC argues, the Canadian policies that Trump cited when he announced the tariffs do not qualify as "discrimination" under Section 338. "Canada's motor vehicle surtax and its provinces' alcohol purchasing decisions are responses to tariffs that the United States imposed on Canada, not discrimination by Canada against the United States," it says. Trump also complained that Canada treats European cheese imports more favorably than U.S. cheese imports. But "when Congress enacted Section 338, a preference granted under a reciprocal agreement was not 'discrimination.'"

Section 338 "addresses discrimination: measures that single out United States commerce for worse treatment than the commerce of the world at large," the lawsuit says. "It is not a general authorization to impose tariffs whenever the President disagrees with a trading partner's policies, or whenever a trading partner responds to tariffs the United States has imposed on it."

Trump also was unfazed by Section 338's requirement that the president set duties to "offset" the costs imposed by discriminatory practices, which implies proportionality. Rather than attempt that, the LJC notes, Trump imposed "the statutory maximum rate of 50 percent without tying it to any measured burden."

As interpreted by Trump, the lawsuit warns, Section 338 authorizes the president to "impose tariffs of up to 50 percent on any products of any country that extends better treatment to any other country in any respect—including through any of the hundreds of preferential trade agreements to which the United States is not a party—or that responds to tariffs the United States has imposed on it." Yet Section 338 "contains no clear statement authorizing that power," contrary to the "major questions" doctrine, which applies to assertions of executive authority with "vast economic and political significance."

If Section 338 conferred the sort of unfettered authority that Trump is claiming, the LJC says, it "would supply no intelligible principle constraining the exercise of Congress's power to lay duties." His reading "would convert a narrow, fact-dependent provision into an effectively unrestricted delegation of Congress's tariff power," which would be "an unconstitutional delegation of legislative power."

This case "is not about the president," says LJC CEO Sara Albrecht. "It is about the presidency. No president should have the power to pull a dormant statute off the shelf and use it to impose sweeping tariffs or import bans without the limits Congress required."

The post Trump's 50% Tariffs on Canadian Goods Illegally Rely on a Superseded Statute, a Lawsuit Argues appeared first on Reason Magazine.

Israeli Defense Minister Katz Says Over 60 Lebanon Villages Have Been Destroyed

“Every single village, we’re talking about 23,000 homes, is in ruins,” Katz boasted before a cheering studio audience, adding “there are no residents left, 200,000 people have been displaced,” using ‘Gaza model’

Why are French police so violent? Their job is to protect the state, not the people

20 October 2026 at 17:49

Officers are instruments of state whose job is to repress, rather than manage, public dissent

Familiar images of teargas clouds drifting across Paris squares, police baton charges against masked protesters and terrified teenagers floored – and worse – by stun grenades have once again focused the world’s attention on France’s policing methods.

While most of its western European neighbours generally favour police tactics that prioritise crowd containment and de-escalation, France has long responded to social movements that take to the streets with, at times, shocking physical force.

Continue reading...

© Photograph: Thibaud Moritz/AFP/Getty Images

© Photograph: Thibaud Moritz/AFP/Getty Images

© Photograph: Thibaud Moritz/AFP/Getty Images

International Criminal Court shortlisted for EU award as MEPs urge protection for its judges against Trump sanctions

20 October 2026 at 10:02

The International Criminal Court (ICC) has been shortlisted for the Sakharov Prize for Freedom of Thought, an annual human-rights award from the European Parliament.

The announcement on Monday (19 October) comes after US president Donald Trump put his weight behind Israeli efforts to discredit the international judicial body by extending sanctions against it.

The ICC issued an arrest warrant in 2024 for Israeli prime minister Benjamin Netanyahu for alleged war crimes, as well as other senior Israeli officials and Hamas. The US then responded by targeting its judges by impeding their day-to-day activities such as banking.

New sanctions against the court were announced by the US administration this month after the Nobel Peace Prize went to Navi Pillay, a former ICC judge who wrote a UN report concluding Israel is committing ​genocide in Gaza.

The ICC court labelled the move as an “assault on the rule of law” and called on countries to step up to protect it.

Sakharov Prize finalists named 

Members of the EU parliament’s foreign affairs committee shortlisted the ICC and its members for the Sakharov Prize.

Named after the Soviet nuclear scientist dissident Andrei Sakharov, the award has been previously awarded to the likes of Iranian protest icon Mahsa Amini and to the Ukrainian people enduring Russia’s attacks.

“We stand by the ICC and its officials, and we are committed to safeguarding its work,” said Yannis Maniatis, Greek MEP for the Socialists & Democrats group which nominated the ICC for the award. “If the aggressors become the victims, and if we stand by helplessly as international justice erodes, we risk allowing those who believe themselves above the law to prevail.”

Tundu Lissu, a Tanzanian opposition figure in court for inciting the public to disrupt an election and facing the possibility of death row, is also a Sakharov Prize finalist. “There is no doubt about the political nature of his detention,” said David McAllister, MEP for the European People’s Party who co-nominated Lissu.

This article continues, but the full version is available only to EUobserver.com subscribers. Visit account.euobserver.com/membership

Dhaka’s silence on Saudi executions puts remittances over lives

20 October 2026 at 09:44

Saudi Arabia executed two Bangladeshis on October 14 but Dhaka’s response was conspicuously restrained. Its consulate in Jeddah reportedly sought formal confirmation and the foreign ministry requested details. Officials then reassured Riyadh that bilateral relations would remain unaffected. Public sentiment, reflected in a flood of angry and frustrated social media posts, stands in sharp contrast […]

The post Dhaka’s silence on Saudi executions puts remittances over lives appeared first on Asia Times.

Italy is at war with Russia, the State Attorney General’s office says

By: A A
19 October 2026 at 15:30

If the State considers itself to be at war, why does it not state so where the Constitution requires it to do so?

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The Ravenna case

It all begins in Ravenna, a historic city and major Italian port on the Adriatic coast. The port of Ravenna is a civilian port: bulk cargo, fertilizers, containers, cruise ships. Yet in a brief filed this summer with the Council of State, the State Attorney General’s Office attributed “military significance” to it within the country’s maritime defense system. The reason lies in a single sentence: making certain data public would pose an unacceptable risk because “a ‘piecemeal’ and ‘hybrid’ world war is underway, involving, among others, Italy as well.”

The data did not consist of routes, schedules, or ship names. They were aggregate figures: the amount of military equipment that left the port in 2025, broken down by four-month period and categorized as exports or transit. Journalist Linda Maggiori had requested this information in January under the general right of access to public information—Italy’s equivalent of the FOIA—which does not require justification. On October 13, Il Fatto Quotidiano turned the statement into a national issue. On October 16, the Sixth Section of the Council of State rejected the Customs Agency’s appeal.

In February, the Customs Agency, which reports to the Ministry of Economy and Finance (MEF), denied the request entirely, citing national security, public order, and commercial confidentiality. Maggiori, represented by attorney Andrea Maestri, filed an appeal with the Emilia-Romagna Regional Administrative Court (TAR), which on July 1 partially upheld the appeal: the quantities must be made public because the numerical data is “neutral,” while the destinations may remain confidential. Customs, represented by the State Attorney’s Office, filed an appeal. The Council of State upheld the Regional Administrative Court’s ruling: the administration failed to demonstrate either the necessity or the concrete nature of the harm. It also noted “apparently contradictory” conduct, as the Livorno Customs Office had previously provided similar data without objection.

In February 2025, approximately 13 metric tons of forged parts bound for an Israeli defense company were seized in Ravenna without export authorization; the proceedings are ongoing, and the presumption of innocence applies. It appears that on October 14 of this year, another 4 metric tons were at the port.

What does “war” mean, who decides, and the arms law

The word has three meanings, and memory confuses them. The first is constitutional. Article 11 establishes that Italy “rejects war as an instrument of aggression against the freedom of other peoples and as a means of resolving international disputes.” Article 78 entrusts the Chambers with the authority to declare a state of war and to grant the necessary powers to the government; Article 87 assigns the declaration of war to the President of the Republic. In the history of the Republic, a state of war has never been declared: neither in 1991, nor for Kosovo, Afghanistan, or Libya.

The second meaning is international: under international humanitarian law, armed conflict exists de facto, but supplying weapons to a belligerent party—according to prevailing legal opinion and that of the International Committee of the Red Cross—does not make one a party to the conflict. The third issue is political-strategic. “Hybrid warfare” (cyberattacks, sabotage, disinformation below the threshold of armed conflict) and “proxy war” are analytical tools, not legal categories. In a judicial ruling, therefore, a political term was used to justify an exception to a legal right. The Council of State rejected the postponement.

Parliament declares a state of war, authorizes missions (Law 145/2016), and receives the annual report on exports. The government authorizes exports through the UAMA of the Ministry of Foreign Affairs; the Prime Minister is the sole custodian of state secrets (Law 124/2007), under the oversight of COPASIR. The President of the Republic chairs the Supreme Defense Council. The Ministry of Defense signs the classified aid packages for Ukraine. The State Attorney’s Office, which reports to the Prime Minister’s Office, defends government agencies in court: its briefs are legal documents, not foreign policy statements. No minister has yet clarified whether they agree with the statements made therein.

Moreover, the information has never been classified as a state secret. Customs authorities have invoked the relevant provisions of Article 5-bis of the Transparency Decree (Legislative Decree 33/2013), which allow for a refusal only if necessary to avoid “concrete harm” to national security, defense, or international relations.

Law No. 185 of 1990 prohibits the export and transit of arms to countries engaged in armed conflict in violation of Article 51 of the UN Charter, to countries whose policies conflict with Article 11, to countries under embargo, or to those responsible for serious human rights violations. However, it excludes government-to-government transfers and transits for NATO forces. The annual report to Parliament (Art. 5) lists authorizations by country and company, not by port: no public document specifies how much passes through a single port. This is the gap that the Ravenna petition sought to fill. According to the Peace and Disarmament Network, the government’s reform bill, approved by the Senate in 2024 (A.C. 1730), would reduce the data included in the report; based on the sources consulted, it has not yet been definitively approved.

Those who defend confidentiality argue that harmless data—aggregated and cross-referenced with maritime tracking data—could reveal supply routes: this is the argument used by the Trieste Customs Office to deny an identical petition. Also important are obligations to allies and corporate confidentiality. Those advocating for transparency point out that Law 185 stems from the idea that arms require more public oversight, not less, because they pertain to Article 11 and, in the case of free transfers, involve public funds. An annual total does not enable hostile actions, and data published in Livorno does not become dangerous simply because it is in Ravenna.

Secrecy has a legitimate place. The Constitutional Court has linked it to national security since Ruling 86/1977 and reaffirmed this in the Abu Omar case (106/2009). Secrecy becomes problematic when it loses its criteria: concrete evidence of harm, proportionality, a time limit, consistency among agencies, and oversight by a judge or Parliament. The argument of a “piecemeal world war” failed on all counts. It did not identify any harm, rejected the Regional Administrative Court’s (TAR) compromise solution, treated data from a past year as if it were an ongoing operation, and contradicted the Livorno ruling. If merely invoking a widespread conflict suffices, then that justification applies to any data and indefinitely: hybrid wars, as described in official documents themselves, have no declared beginning nor anticipated end.

That language has a specific origin: the Ministry of Defense’s non-paper from November 2025, according to which Italy is already embroiled in a hybrid conflict. Committees and unions believe that part of Ravenna’s cargo is destined for Haifa and Ashdod: the withheld data would make it possible to verify this.

The political paradox

The government states in Parliament that Italy is not at war; one of its agencies writes the same in court to conceal a figure. The case was successfully closed, but only thanks to a journalist willing to pursue the matter through two levels of appeal. Yet, even with the case closed, the gravity of what was stated remains.

If the state deems the international situation serious enough to restrict the right to information, that assessment cannot be confined to a customs office or a legal brief. The logic of Article 78 applies even on a small scale: whoever invokes the exception must answer for it before Parliament. All that is needed is the uniform publication of quantities for each port—as requested by the Ravenna Region and Municipality—their inclusion in the report on Law 185, and a review of the classifications by COPASIR, with predefined deadlines.

An emergency becomes permanent when no one declares it and no one revokes it. One question remains for Parliament: if the State considers itself to be at war, why does it not state so where the Constitution requires it to do so? And if it does not consider itself to be at war, by what authority does one of its bodies write as much?

Hero Oregon Dad Showed the Importance of Defying Restrictive Gun Laws

19 October 2026 at 12:00
Silver Rail Elementary School | Google Earth

Last week, not only did Oregon's restrictive gun laws fail to stop a shooter intent on killing innocent people, but a passing good Samaritan had to violate those laws to end the murder spree. Fortunately, authorities don't appear intent on prosecuting Kaylub Giamanco, father to two girls who attend the school, for ignoring the ban on guns on school grounds to save lives. But the law is clearly more of a threat to people with good intent than it is to those bent on doing harm. Such laws should and must be defied, but lawmakers need to remove these legal minefields before they do more damage.


A Hero Dad With a Gun Stops a Murder Spree

"I want to start by thanking and praising the quick thinking and courage of the Silver Rail Elementary School staff and parents—and the first responders who rushed to the scene," Oregon Gov. Tina Kotek commented in a press release after the attack by a 16-year-old shooter at Silver Rail Elementary School in Bend, Oregon. "And to the community member who heroically intervened to stop further loss of life, your actions carry a heavy emotional burden—and my thoughts are with you."

That community member was Kaylub Giamanco, who had two daughters at the school. He was reportedly driving past when he saw the shooter approaching Silver Rail with a shotgun in hand. Giamanco parked his vehicle, grabbed his firearm, and followed the shooter, who had blasted his way through the facility's locked doors.

The shooter murdered four people, but Giamanco was able to kill him before he did any more damage. In the incident, the murderer obviously violated the law. But so did Giamanco.


Restrictive Laws That Had To Be Ignored

"Oregon gun laws are rated as the 12th strictest in the nation according to data collected by gun violence prevention group Everytown for Gun Safety, but they didn't stop the shooting of four elementary school children and two teachers at a Bend elementary school on Thursday," wrote Lillian Mongeau Hughes of The Oregonian. (Reports say three children and a teacher were murdered, with two others injured.)

The gun-control group Everytown for Gun Safety boasts that "Oregon has passed a broad range of gun safety laws in recent years, including a requirement that guns be securely stored whenever they are not in their owner's immediate control, a prohibition on guns at the state capitol, and a law that gives universities the authority to prohibit guns on their grounds."

The similarly restriction-oriented Giffords Law Center to Prevent Gun Violence gives Oregon an A- for its laws, ranking the state 11th out of 50. The group notes that the state "allowed local governments to limit firearms in government buildings."

Of specific interest in this case, the state adopted a law in 2021 that, among other things, says "the governing board of a community college or a district school board" may adopt policies banning guns on school grounds, even for those "licensed to carry a concealed handgun."

Importantly, the Bend–La Pine Schools, which include Silver Rail, mandate that "no person on grounds of the schools controlled by the Board of Directors for Bend–La Pine Schools (including in school buildings) shall bring to, possess, conceal or use a weapon or firearm at any property under the jurisdiction of Bend-La Pine Schools, any activities under the jurisdiction of the district, or any interscholastic activities administered by a voluntary organization (i.e., Oregon School Activities Association). This prohibition includes those who may otherwise be permitted by law to carry such weapons or firearms."

The prohibition applies to the Silver Rail murderer, though it was unlikely to be a concern to a person already intent on slaughter. It also applies to Giamanco, who stopped the attack and who must now—probably successfully, given the case's high profile—rely on the authorities to not enforce their own laws.


A Long History of Defensive Use of Firearms

Giamanco is by no means alone in taking the initiative to stop an attack. I've written in the past about Jordan Salinas and others in the Twin Falls incident, as well as Elisjsha Dicken at the Greenwood Park Mall in Indiana. The actions of bystanders are crucial given the evidence that would-be mass murderers must be countered with defensive force within the first 30 seconds to avoid a double-digit body count.

There were 634 active attacks in the United States between 2000 and 2025, according to the Advanced Law Enforcement Rapid Response Training (ALERRT) Center at Texas State University. ALERRT defines an "active attack" as an incident in which "an individual or individuals is actively killing or attempting to kill multiple unrelated people in a public space." Of those, 374 were resolved before police arrived, with 29 concluded by civilians shooting the perpetrator and another 60 attackers otherwise subdued by civilians.

That's certainly not a full count of actions by armed citizens to defend themselves and others. The 2026 National Firearms Survey finds that "guns are used defensively by firearms owners in approximately 2.2 million incidents per year. In most defensive incidents no shot was fired (76.3%), about half (50.8%) involved more than one assailant, and in 70.6% of incidents respondents report that the defensive use was successful, such that no crime remained to be reported to the police."

Undoubtedly, many of those incidents aren't reported to the police because people who have just averted a threat to themselves or others don't want to get entangled with a legal system that is all too often hostile to self defense. If all has ended well, why risk arrest for violating a law that would have prevented you from defending yourself or that you may not even have known about?

As The Oregonian points out, Oregon's "strong laws" didn't stop the shooting. Those laws ban murder, of course. They also specify that "guns be locked, stored in gun safes or in specialized gun rooms as a way to keep children from accessing firearms," according to the report. "Police have not said if those laws were violated." They also ban guns on the grounds of schools with restrictive policies.


Authoritarian Laws Don't Deter Evil and Should Be Defied

The thing about criminals, though, is that they don't obey laws. That's especially true of those who plan murder sprees they don't intend to survive. The consequences the perpetrators anticipate involve death, and if that's not a deterrent, the potential prosecution of their moldering corpses holds little weight.

Unfortunately, legal peril can be a deterrent to good people who intend no harm. The threat of authoritarian laws and malicious prosecutors who enjoy state protection could convince some people to leave the means of self defense at home. Fortunately, Kaylub Giamanco wasn't one of them.

Giamanco's example at Silver Rail Elementary School is one to be emulated. If we're to protect ourselves, our children, and our neighbors, we have a right and a duty to defy laws that seek to disarm us and put us at the mercy of human predators. But we shouldn't have to suffer the threat of such laws to exercise our natural self-defense rights. Given the inability of weapons restrictions to deter crime and the harm they pose for good people, government officials need to eliminate these embarrassing restrictions and get out of our way.

The post Hero Oregon Dad Showed the Importance of Defying Restrictive Gun Laws appeared first on Reason Magazine.

My mixed emotions on the French riots: Yes, fuck Louis Vuitton, but let’s be strategic

18 October 2026 at 19:11

I went to bed on Saturday (17 October) glued to my X feed on the French riots and it was impossible not to react emotionally to images of familiar landmarks in Paris in flames.

It was a mistake to have followed things on the far-right propaganda tube of racist US oligarch Elon Musk, which both glorified and reviled its AI-curated clips of violent clashes between mostly white policemen and young black or Arab men.

But in any case, I felt pity for police facing Molotov cocktails and cobble stones and angry about their use of stun grenades that left young people maimed.

I was shocked to see public buildings and luxury shops in Lyon, Marseille, and Paris set on fire and looted in what looked like pure criminality, rather than liberté, égalité, fraternité.

But the anarchist adrenaline in me also said: “Fuck Louis Vuitton! A shop that sells luggage for the price of most families’ monthly incomes is a perfect symbol of the social inequality at the heart of this eruption of public anger”.

I woke up on Sunday thankful to learn from professional media, such as the BBC, that even if Paris looked like a war zone, no one had been killed, and even though police had made over 1,800 arrests, aggressive thugs were a fraction of the hundreds of thousands of people who had peacefully protested for better living conditions and education.

But the political harm of Saturday’s X-streamed violence, which also broke out in Italy and Belgium, was still enormous and it will help the EU and French people’s enemies – the far-right in Europe, Russian president Vladimir Putin, and US president Donald Trump.

This article continues, but the full version is available only to EUobserver.com subscribers. Visit account.euobserver.com/membership

$65K Settlements with EEOC Over Failure to Accommodate Muslim and Christian Employees' Religious Days Off

17 October 2026 at 22:45

From a press release last month, just posted on Westlaw:

N.C. Detective Agency, a Durham-based security company, will pay $65,231 in compensatory damages and back pay, and take other corrective actions to voluntarily resolve a religious discrimination investigation by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.

The EEOC's investigation found reasonable cause to believe that an employee requested to be excused from work due to a Muslim religious holiday, but the request was denied. The company was aware of the employee's need for a religious accommodation but did not engage in the legally required interactive process, and instead terminated her in June 2025 when she did not report for duty.

And from another press release two weeks later, also just posted on Westlaw:

Reynolds IGA Foodliner, Inc., owner and operator of a chain of grocery stores, will pay $65,000 and provide other equitable relief to settle a religious discrimination and retaliation lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.

According to the suit, shortly after she was hired as a deli clerk at the Piggly Wiggly store in Hazlehurst, Georgia, the employee requested Sundays off to observe her Sabbath. The employee's supervisor denied the request, claiming that, if the store gave the employee Sundays off, it would have to do the same for all other employees. The employee continued to request the accommodation, and the company fired her in January 2025.

More from the second press release:

"Employers cannot deny religious accommodation requests simply for fear of upsetting other employees," said Marcus G. Keegan, regional attorney for the EEOC's Atlanta District. "The EEOC remains committed to enforcing federal anti-discrimination law and protecting employees' rights to religious freedom."

Darrell E. Graham, director of the EEOC's Atlanta District, said, "Employers must thoughtfully consider each request for religious accommodation on an individual, case-by-case basis and otherwise make good-faith efforts to accommodate their employees' religious beliefs. Employers must be aware of their obligations under federal law to provide reasonable religious accommodations absent undue hardship."

Finally, from a third press release from last month (it was published in between the first two, but was again just posted on Westlaw); this one involves a lawsuit and not a settlement:

Blue Bell Creameries, Inc., a Brenham, Texas-based frozen snack manufacturer and distributor with a production facility in Sylacauga, Alabama, unlawfully terminated a Jewish body shop technician soon after he requested a beard‑related religious accommodation, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit announced today.

Even supporters of bans on religious discrimination by private employers might debate whether employers should be required to give religious exemptions from generally applicable rules (exemptions that could themselves be seen as discrimination in favor of religious observers). But Congress has indeed mandated such exemptions: Title VII of the Civil Rights Act, as amended in 1972, generally requires employers to accommodate religious objectors' requests for exemptions from generally applicable work rules, unless doing so would pose an "undue hardship" for the employer.

That extends to time off for religious holidays: Indeed, the leading recent case on the subject, Groff v. DeJoy, involved a Christian employee's request for an exemption from having to work Sundays. And of course it extends, as it must, to all religions.

 

The post $65K Settlements with EEOC Over Failure to Accommodate Muslim and Christian Employees' Religious Days Off appeared first on Reason Magazine.

Ukraine, EU set up joint task force to fast-track anti-corruption reforms that gate membership

17 October 2026 at 18:13

ukraine's right self-determination non-negotiable all eu leaders say except hungary's flags european union commons/thijs ter haar backdrop potential territorial concessions looming over trump's meeting putin stand united support sovereignty 12

Ukraine and the EU have agreed to establish a joint working group to accelerate rule-of-law and anti-corruption reforms. This will help Kyiv meet the interim benchmarks for EU accession, Enlargement Commissioner Marta Kos says on X after talks with Ukrainian Prime Minister Serhii Koretskyi.

Ukraine’s path into the EU runs through its courts and anti-corruption agencies, and the bloc releases membership progress and much of its money only as Kyiv delivers those reforms.

“Ukraine is among the countries making most progress towards EU membership,” Kos says, adding that the group will work through outstanding requirements on the rule of law and the fight against corruption.

The move follows a breakthrough on the accession track. On 13 October, the Council of the EU opened two more negotiating clusters for Ukraine after the Ukrainian Parliament passed a minority-language education law on 12 October, clearing Hungary’s veto.

Why the reforms decide the money and the timeline

The group lands amid pressure on both fronts. Kos cast the education law as proof the system can work, crediting Ukrainian lawmakers with the consensus needed to adopt the reforms membership requires.

Meanwhile, Koretskyi expects the remaining clusters to open by the end of the year.

“Our success will require unity and commitment from all involved Ukrainian partners,” Kos emphasizes.

The official made clear the outcome depends on Ukraine keeping its side. The reforms are the same ones tied to Ukraine’s wartime financing, with billions in EU aid released only as Kyiv meets its commitments.

Billions in EU money hang on laws Ukraine has not passed

The stakes are financial as well as political. Ukraine is deep in a budget crunch and leaning on EU financing to keep the country running, and the Ukrainian Parliament returned from a month-long break this week to work through reform bills tied to that support.

As of 12 October, none of the needed laws had passed, according to anti-corruption activist Vitaliy Shabunin, who said the delay is already costing the country and blamed lawmakers who have stalled the reforms the money is tied to.

“As of today, Ukraine has NOT received several BILLION euros from the EU and others, because members of parliament have blocked the reforms to which that money is linked,” Shabunin said.

Anticipated Religious Clashes Can't Justify Current Restriction on Parents' Religious Upbringing of Child

16 October 2026 at 21:35

From Lajara v. McMenamin, decided Wednesday by Pennsylvania Superior Court judge Brandon Neuman, joined by Judges Jack Panella and Carolyn Nichols:

Mother argues the trial court erred by entering paragraph 111 of the final custody order, which allows Child to decline attendance at religious or faith-based events beginning at the age of 14, and prohibits both parents from influencing, restricting, or limiting Child's participation in those events before or after age 14. In doing so, Mother claims this provision "infringe[s] upon the parties' First Amendment right to the free exercise of religion and the parties' fundamental right to parent their child." …

Under the Due Process Clause of the Fourteenth Amendment, a parent has a fundamental right "to make decisions concerning the care, custody, and control of the child." Under the Free Exercise Clause of the First Amendment, an individual has a right to religious freedom. Read together, parents have the constitutionally-protected "right to direct the religious upbringing of their children." [Under Pennsylvania precedent,]

[A] court may prohibit a parent from advocating religious beliefs, which, if acted upon, would constitute a crime. However, … it may do so only where it is established that advocating the prohibited conduct would jeopardize the physical or mental health or safety of the child, or have a potential for significant social burdens….

[E]ach parent must be free to provide religious exposure and instruction, as that parent sees fit, during any and all period of legal custody or visitation without restriction, unless the challenged beliefs or conduct of the parent are demonstrated to present a substantial threat of present or future, physical or emotional harm to the child in absence of the proposed restriction….

While the harm involved may be present or future harm, the speculative possibility of mere disquietude, disorientation, or confusion arising from exposure to 'contradictory' religions would be a patently insufficient 'emotional harm' to justify encroachment by the government upon constitutional parental and religious rights of parents, even in the context of divorce….

As noted by Mother, "[n]either party in this matter requested the trial court order any form of relief regarding the exercise of their religious beliefs or … [C]hild's attendance and participation in religious activities. No evidence regarding either party's religion or … [C]hild's attendance and participation in religious activities was presented at trial." The trial court explained its reasoning for this provision, stating:

This trial court was forced to anticipate, to the best of its ability and in light of the factors proscribing stability and consistency for … Child, that a high level of conflict is more than likely to arise as it pertains to religious activities. To put it simply, these parents have demonstrated that any disagreement or dispute has and can easily escalate quickly into full scale conflict that does nothing more than cause instability and emotional trauma to … Child.

As such, this trial court proactively prescribed a solution to any issues that may arise regarding … Child's attendance and participation in religious activities. This trial court acknowledges that neither parent raised the issue of religious activities[;] however, the tumultuous history of this case does not produce any optimism on the part of this trial court that they will be able to communicate and cooperate if religious participation becomes an issue. As such, it is in … Child's best interests to preemptively place parameters on his attendance and participation in religious activities….

Though we recognize the parties' behaviors do not produce optimism that religion will not become an issue in the future, based on the record before us, the restrictions set forth in paragraph 111 are contrary to our case law since there is no indication the parties' religious beliefs or practices present a "grave threat of harm," "a substantial threat of present or future, physical or emotional harm to the child[,]" or that the physical or mental health, or safety of the child would be jeopardized absent a restriction. Accordingly, the trial court erred in setting forth paragraph 111 of its January 6, 2026 order. Consistent with precedent, both parents shall be permitted to practice his or her religion with Child during their respective periods of custody, so long as there is no substantial threat of present or future physical or emotional harm to Child….

The post Anticipated Religious Clashes Can't Justify Current Restriction on Parents' Religious Upbringing of Child appeared first on Reason Magazine.

Il Nobel per la non-Pace, versione 2026

By: A A
16 October 2026 at 10:30

Sacrifica ciò che è scomodo, mai il progetto. Il “pal-washing” in azione.

Segue nostro Telegram.

Un copione già noto

Il 9 ottobre 2026 il Comitato norvegese per il Nobel ha assegnato il Premio per la pace a Navanethem Pillay, giurista sudafricana di 85 anni, già giudice della Corte penale internazionale e Alta commissaria Onu per i diritti umani. La motivazione parla di una persona che ha aperto la strada a un ordine giuridico globale più completo. Il presidente del Comitato, Jorgen Watne Frydnes, ha aggiunto che il premio è un messaggio per chi attacca e mina il sistema internazionale e le sue istituzioni. Il verdetto è dichiaratamente politico, ed è su questo piano che va discusso.

La stessa figura che nel 2011 avrebbe «abbattuto» Gheddafi, spianando la strada al saccheggio del petrolio libico e alla schiavitù dei migranti africani, ora «abbatterebbe» Netanyahu, e preparerebbe così la riabilitazione di Israele. Il filo logico non sarebbe la morale né la pace, ma l’agenda dell’Open Society di George Soros: sacrificare i soggetti diventati scomodi, mai l’essenza del progetto. Qualcuno l’ha battezzata «pal-washing». La domanda di fondo è seria, perché chiede se dietro premi e giurisdizioni dell’ordine liberale ci sia una regolarità.

Occorre sottolineare che il copione è già noto. Vi ricordate quando Barack Obama ricevette il premio Nobel per la pace, inaugurando guerre su guerre? O vi ricordare i personaggi in cerca d’autore come Machado, Mohammadi, o i difensori dei criminali Ucraini? Ma andiamo per ordine.

 

Atto Primo: la Libia

Nel febbraio 2011 Pillay, Alta commissaria, chiese al Consiglio per i diritti umani un’azione vigorosa per fermare le violenze e chiamare i responsabili a risponderne; il Consiglio condannò le violazioni e istituì una commissione d’inchiesta. Il passaggio successivo toccò al Consiglio di sicurezza: il rinvio alla CPI con la risoluzione 1970, poi la 1973, approvata con dieci voti favorevoli e cinque astensioni (Brasile, Cina, Germania, India, Russia). Nessuno sostiene che Pillay abbia deciso la guerra. Conta la sequenza: il linguaggio dei diritti umani aprì la porta, quello della protezione dei civili autorizzò la forza, e l’operazione scivolò verso il cambio di regime. Già in aprile Lavrov accusava la NATO di eccedere il mandato, e un ministro francese ammetteva che il cambio di regime avrebbe richiesto un nuovo voto.

Poi i costi. Nel 2017 l’OIM documentò aste di migranti subsahariani nel sud della Libia, venduti per somme tra 200 e 500 dollari. Il nesso con il crollo dello Stato dopo il 2011 è la lettura più plausibile, benché la fonte documenti il fenomeno e non la sua causa. Il prezzo lo pagarono la Libia e i migranti; la cornice giuridica ne uscì, sul piano formale, intatta, anche se la controversia sul mandato avrebbe poi pesato sui veti di Mosca e Pechino in altri dossier.

Atto Secondo: Bibi

Il 21 novembre 2024 la Camera preliminare I della CPI emise mandati d’arresto per Netanyahu e per l’ex ministro della Difesa Gallant, per crimini di guerra e crimini contro l’umanità. Pillay aveva lasciato la Corte nel 2008, ma ha presieduto la Commissione d’inchiesta Onu che il 16 settembre 2025 ha concluso che Israele ha commesso genocidio a Gaza. Qui il «pal-washing» trova il suo meccanismo. Il diritto penale internazionale lavora su persone: un imputato, un’imputazione, un periodo. Se il caso si chiude con la sorte di un leader, si apre una cesura narrativa, il prima e il dopo di un uomo, dopo la quale lo Stato può presentarsi come reintegrato. La Libia offre l’analogia: là il caso si chiuse con la caduta di un uomo.

I limiti del percorso giocano a favore della lettura. La Corte non ha una polizia e l’esecuzione dei mandati dipende dagli Stati parte; la Commissione non è un tribunale e non parla a nome dell’intera Onu; lo stesso Comitato, riferisce AFP, ha detto che spetta a una corte stabilire se vi sia genocidio. Il premio non produce effetti giuridici, lo sappiamo, però produce legittimazione per un circuito che promette giustizia e non può garantirla.

Dobbiamo, poi, considerare che dinamiche del genere le abbiamo già viste più volte all’interno dell’ordine globalista che domina in Occidente. L’Open Society Foundations si presenta come il maggiore finanziatore privato al mondo di gruppi per giustizia, democrazia e diritti umani, attivo in oltre cento paesi, e Pillay ha ricevuto lo Stockholm Human Rights Award, lo stesso che nel 2011 è andato a Soros e a Neier. Sembra proprio che si ripeta di nuovo il pattern della agenda sorosiana, fatta di fondazioni, ONG, tribunali, commissioni e burocrazie che condividono un lessico e un orizzonte, quello di un ordine liberale da perfezionare e mai da rimettere in discussione. Chi opera dentro quel lessico può denunciare un governo, un leader, perfino uno Stato, ma non può contestare i presupposti dell’ordine che gli dà legittimità.

Alcuni obietteranno che la Commissione di Pillay attribuisce la responsabilità a Israele come Stato, non soltanto ai suoi leader, il che contraddice l’idea di un’operazione puramente personalizzante. Il secondo è la reazione. Netanyahu ha accusato il Comitato di aver perso la bussola morale, il Ministero degli Esteri israeliano ha parlato di una grottesca strumentalizzazione del premio, e Washington ha annunciato sanzioni contro la CPI poche ore dopo l’annuncio. Tutto vero. Ma avrebbe senso e valore se il sistema occidentale non fosse marcio fin dalle sue fondamenta, se il suo sistema giuridico funzionasse, ma così non è, sotto nessun aspetto (e abbiamo avuto già sufficienti dimostrazioni – non scordiamoci anche il caso Epstein).

Se nei prossimi dodici mesi la caduta politica di Netanyahu verrà presentata come chiusura del caso, anziché come una tappa di un procedimento che riguarda lo Stato, il «pal-washing» guadagnerà peso. Se i procedimenti proseguiranno oltre la sua persona, e se gli Stati parte eseguiranno i mandati, forse ne perderà. Allo stato delle prove la tesi è plausibile e, fino a smentita comprovata, questo è l’ennesimo Nobel della non-Pace, che non possiamo chiamare “guerra”.

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