Following the joint attack by the United States and Israel against Iran, the conflict in the Middle East has now entered the midst of an unprecedented escalation, also involving other countries in the region: the news in the last few hours reports new Iranian attacks against Bahrain, with at least 32 injured, while Israel said it had destroyed 16 planes at Tehran Airport.
In this constantly evolving geopolitical context, there have been numerous questions about the possible involvement of Italy and other NATO member countries, especially after a second ballistic missile – launched from Iran – has just entered Turkey’s airspace and was shot down by the military forces of the Atlantic Alliance, as confirmed by a press release from the Turkish Ministry of Defense. Meanwhile, the debate on the use of US military bases has reignited in our country.
In order to have a reliable answer to the initial question, we must examine in detail Article 5 of the Atlantic Pact (or North Atlantic Treaty), which establishes that an armed attack against a NATO member will be considered the same as an attack against all other members of the Alliance.
What does Article 5 of the Atlantic Pact say: collective defence
The Atlantic Pact, signed in Washington on 4 April 1949, establishes in Article 5 the so-called principle of collective defense, according to which an armed attack against one or more States party to the Treaty is considered as an attack on all parties. By virtue of the right to legitimate defense – both individual and collective and also recognized by art. 51 of the United Nations Charter – Article 5 establishes that the parties may assist the attacked State with the action they deem necessary, including the use of armed force, with the aim of maintaining international security.
The article also states that any armed attack and the consequent measures undertaken by States must be brought to the attention of the United Nations Security Council. In the history of NATO, Article 5 has been invoked only once, on the occasion of the attack on the Twin Towers on 11 September 2001, following which the United Nations Security Council adopted resolution no. 1368, which recognized the right of the United States to individual and collective self-defense. The consequence was the invasion of Afghanistan to overthrow the Taliban regime, an operation that ended only in 2021 with the withdrawal of US troops from the area.
What a NATO Member State can do if Article 5 is triggered
In the event that Article 5 were activated, each State would independently evaluate the type of intervention it deems most appropriate: this, in practice, can translate into economic sanctions, but also logistical and military support for the mission.
Article 5, therefore, does not necessarily provide for a military response automatically, but depends on the assessment of the allies and the circumstances. States, among other things, can also act individually in defense of an ally, while every response of NATO as a whole is decided by the North Atlantic Council.
In the past, for example, the Alliance has adopted collective defense measures during the Russian invasion of Ukraine or, at the request of Türkiye, on three occasions:
- in 1991 with the launch of Patriot missiles during the Gulf War. The MIM-104 Patriot missile is one of the most advanced US surface-to-air missiles for defense;
- in 2003 with a series of defensive measures in the so-called Operation Display Deterrence in Iraq. The latter was a 65-day operation to secure the Turkish border near Iraq. Defense measures consisted of AWACS surveillance aircraft and their crews, TMD units, and biological and chemical defense equipment;
- in 2012 in Syria with the deployment of Patriot missiles.
Participating in the defense of an allied country does not mean going to war
In the specific case of the current conflict in the Middle East, it must be emphasized that, unlike the United States, Israel is not a full member state of NATO, but rather an associate member of the Mediterranean, together with Algeria, Jordan and Morocco.
Unlike full member countries, associate member countries participate in NATO’s political and military alliance but do not have the same rights and obligations as full member states. These also include the protection guaranteed by art. 5: therefore, if a partner country finds itself in a crisis situation, NATO member countries can start a consultation and decide whether to intervene or not, but any participation or support (military or otherwise) is not automatic.
In short, participating in the defense of an allied country does not necessarily imply going to war with an armed attack: each NATO member country can decide independently which actions to undertake, including armed ones, and according to its own constitutional procedure. In this regard, Prime Minister Giorgia Meloni declared that “Italy is not at war and does not intend to enter it”.
In any case, our Constitution establishes in Article 78 that any authorization for a military intervention must necessarily pass through Parliament, to then be approved with a formal law, promulgated by the Head of State (ex Article 87 of the Constitution) and subjected to scrutiny by the Constitutional Court.
Therefore, from the North Atlantic Treaty there is no limitation to state sovereignty and military intervention by a state is not necessarily foreseen, as constitutional primacy applies.
