Ripudio della guerra e neutralità alla luce dell’articolo 11 Cost.

In constitutional law it is broadly accepted that the prohibition of the use of war is a central principle within the framework of the UN Charter concerning the use of force. One profile that has long remained outside the attention of domestic public law scholars and commentators is that concerning the neutrality regime, a legal concept traditionally addressed only by internationalists. In view of the change in the geopolitical context caused by Russian aggression, which calls for an updated reflection to assess the current trends in the law of neutrality, this contribution highlights the relationship between the principle of repudiation of war enshrined in the Italian Constitution and the constraint of neutrality, which under Art. 11, 1°c. of the Italian Constitution complements the internal legal order as it is part of generally recognised customary law. In addition, the important question is analysed of how the decision to take sides in favour of the aggressed party is concretely qualified.