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Italy
Cluster Munition Ban Policy
Commitment to the Convention on Cluster Munitions
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Convention on Cluster Munitions status |
State Party |
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National implementation measures |
Law. No. 95 (2011) on Ratification and Implementation of the Oslo Convention |
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Stockpile destruction |
More than 85% of stockpiled cluster munitions destroyed by the end of 2013 and the remainder should be destroyed by the end of 2014 |
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Participation in Convention on Cluster Munitions meetings |
Attended Fourth Meeting of States Parties in Lusaka, Zambia in September 2013 and intersessional meetings in Geneva in April 2014 |
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Key developments |
Provided an updated transparency report in April 2014 |
Policy
The Republic of Italy signed the Convention on Cluster Munitions on 3 December 2008, ratified on 21 September 2011, and the convention entered into force for the country on 1 March 2012.
The Law on the Ratification and Implementation of the Oslo Convention on the ban on cluster munitions (Law No. 95) took effect on 5 July 2011 and serves as Italy’s national implementation legislation for the convention.[1]
Italy submitted its initial Article 7 transparency report for the Convention on Cluster Munitions on 28 August 2012 and provided annual updates in 2013 and March 2014.[2]
Italy participated in the Oslo Process that produced the convention and its position evolved significantly to support the prohibition on cluster munitions.[3]
Italy has continued to engage in the work of the convention since 2008. It has participated in every Meeting of States Parties of the convention, including the Fourth Meeting of States Parties in Lusaka, Zambia in September 2013. Italy has also attended every intersessional meeting of the convention in Geneva, including those held in April 2014.
Law No. 95 requires that Italy work to prevent the use of mines and cluster munitions, advocate for adherence to the total ban on mines and cluster munitions, and seek to universalize the Convention on Cluster Munitions.[4] In September 2013, Italy welcomed progress made towards the convention’s universalization and called for persistence in individual and collective efforts to achieve universal adherence.[5]
At the Fourth Meeting of States Parties in September 2013, Italy expressed deep concern at allegations of new cluster munition use and said “We call on all States concerned to fully investigate these allegations and publicly clarify these matters…The recurrent use of cluster munitions reminds us of the need to universalize the norms of this Convention [on Cluster Munitions].”[6]
Italy has voted in favor of UN General Assembly (UNGA) resolutions condemning the use of cluster munitions by the Syrian government forces, including Resolution 68/182 on 18 December 2013, which expressed “outrage” at Syria’s “continued widespread and systematic gross violations of human rights…including those involving the use of…cluster munitions.”[7]
Italy is a State Party to the Mine Ban Treaty. It is also party to the Convention on Conventional Weapons.
Interpretive issues
Italy has yet to provide its views on a number of issues important for the interpretation and implementation of the convention, including the prohibition on assistance with prohibited acts in joint military operations, the prohibition on transit of cluster munitions, and the prohibition on foreign stockpiling. Italy has not indicated if it agrees with the views of a number of states and the CMC that foreign stockpiling of cluster munitions on the national territory of States Parties is prohibited by the Convention on Cluster Munitions.
Law No. 95 bans financial assistance to anyone for any act prohibited by the convention. This provision supports a ban on investment in the production of cluster munitions. However, the Italian Campaign to Ban Landmines has advocated for a separate, more detailed law.[8]
In 2010, draft legislation was introduced in the Senate to prohibit all Italian financial institutions from providing any form of support to Italian and foreign companies involved in a range of activities including the production, use, sale, import, export, stockpiling, or transport of antipersonnel mines as well as cluster munitions and explosive submunitions.[9] In 2012, the bill was approved by the Chamber of Deputies’ legislative finance committee.[10] In June 2013, the Deputy Minister for Foreign Minister Lapo Pistelli reported that the bill was resubmitted in the previous parliamentary session and said “the early dissolving of Parliament brought a halt to the discussion but…the Government would like to see the bill approved very soon.”[11] Until the bill is adopted, Law No. 95 remains the legal standard governing investment in cluster munitions.[12]
Several Italian financial institutions have enacted policies to disinvest from companies producing cluster munitions. In their 2012 report on worldwide investments in cluster munition production, NGOs IKV Pax Christi (now PAX) and FairFin listed three Italian financial institutions—Intesa Sanpaolo, Banca Etica, and UniCredit Group—as having policies on disinvestment from companies producing cluster munitions.[13] In 2013, another Italian company, the Generali Group, one of Europe’s largest insurance companies, was added to the NGOs’ list of Italian financial institutions with guidelines on investment in cluster munitions production.[14]
Use, production, and transfer
Italy is not known to have used cluster munitions, but it has imported and stockpiled the weapons.
Italy has reportedly produced cluster munitions, but the full extent to which Italian companies have in the past developed, co-produced, or otherwise assembled cluster munitions is not fully known.[15]
In 2012, a military official informed the Monitor that the Italian company Simmel Difesa S.p.A. (formerly known as BPD Difesa e Spazio) once had the capability to manufacture cluster munitions, but never actually produced any.[16] According to standard reference works, Simmel Difesa at one point prior to 2008 produced 81mm mortar bombs called RS6A2 and S6A2 and a 120mm mortar bomb called S12B, which contained dual-purpose improved conventional munition (DPICM) submunitions.[17] Simmel Difesa reportedly also produced a 155mm projectile called the RB63 (also called 155mm IM 303 BCR), a copy of the German DM642 projectile, which was the result of a joint program between Simmel Difesa and the German company Rheinmetall.[18]
It is not known if Italy ever exported cluster munitions. In 2012, a military officer informed the Monitor that there are no records that Italy ever exported any cluster munitions.[19]
Stockpiling and destruction
Italy’s stockpile was once comprised of a total of 5,113 cluster munitions of five types and 2,849,979 submunitions. Following destruction activities the stockpile had been reduced to a total of 570 cluster munitions and 367,080 submunitions by the end of 2013. This represents approximately 14% of the original stockpile of cluster munitions and 13% of the submunitions.
Cluster munitions once stockpiled by Italy[20]
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Type |
Quantity of munitions |
Quantity of submunitions |
Destruction completed |
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RBL755 cluster bombs, each containing 147 Mk-1 submunitions |
414 |
60,858 |
16 April 2011 |
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Mk-20 Mod-0 Rockeye bombs, each containing 247 Mk-118 submunitions |
556 |
137,332 |
16 November 2011 |
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MGM52 Lance missiles, each containing 822 M74 submunitions |
40 |
32,880 |
11 July 2012 |
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Mk-20 Mod-11 Rockeye bombs, each containing 247 Mk-118 submunitions |
59 |
14,573 |
31 December 2013 |
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M26 MLRS rockets, each containing 644 M77 DPICM submunitions |
3,324 |
2,237,256 |
Scheduled for end 2014 |
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Total |
4,393 |
2,482,899 |
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Under Article 3 of the Convention on Cluster Munitions, Italy is required to declare and destroy all stockpiled cluster munitions under its jurisdiction and control as soon as possible, but no later than 1 March 2020.
In April 2012, Italy announced a reduced timeframe to complete destruction by the end of 2014.[21] In September 2013, Italy stated that the destruction processes would be completed “as soon as possible” and “well in advance” of the treaty’s deadline, but did not indicate if the stockpile would be completely destroyed by 2015.[22]
Italy had destroyed a total of 4,393 cluster munitions and 2,482,899 submunitions from its stockpile by 31 December 2013.
Prior to the convention’s entry into force for Italy (1 March 2012) a total of 1,010 cluster munitions and 231,070 submunitions were destroyed.[23]
In the period from the convention’s entry into force for Italy until the end of 2013, a total of 3,383 cluster munitions and 2,251,829 submunitions were destroyed.
As of April 2014, a total of 570 M26 MLRS rockets and 367,080 M77 DPICM submunitions remained to be destroyed.
Law No. 95 mandates the destruction of Italy’s stockpile of cluster munitions, including the expenditure of funds.[24] According Italy’s Article 7 reports, all of the stockpile has been destroyed at facilities in Noceto, Italy. The reports provide technical information detailing how the various munitions were destroyed through disassembly and/or destruction.[25]
Retention
Italy’s national implementation legislation allows for the retention of a “limited quantity” of cluster munitions not exceeding “1,000 units.”[26] According to its Article 7 reports, Italy is retaining one sample of each of the three types of cluster bombs it stockpiled and a total of 641 submunitions.[27] As of 31 December 2013, Italy had not reported using any of its retained cluster munitions for training or research purposes.
Foreign stockpiling
United States (US) military forces have stored cluster munitions in Italy in the past, but as of June 2014, it is not known if the US continues to stockpile cluster munitions in Italy.[28]
[1] The legislation to ratify and implement the convention was unanimously adopted by the Senate on 16 March 2011 and by the Chamber of Deputies on 18 May 2011. Law No. 95 contains penal sanctions for violations of the convention’s prohibitions of three to 12 years imprisonment as well as fines of between €258,228 (US$342,436) and €516,456 ($684,872). “Ratifica ed esecuzione della Convenzione di Oslo sulla messa al bando delle munizioni a grappolo, fatta a Dublino il 30 maggio 2008, nonche’ norme di adeguamento dell’ordinamento interno” (“The Law on the Ratification and Implementation of the Oslo Convention on the ban on cluster munitions, done at Dublin on 30 May 2008, and adjustment of domestic standards”), No. 95, 14 June 2011. Hereafter referred to as Law No. 95 of 14 June 2011. Published in the Official Gazette of the Italian Republic (Gazzetta Ufficiale della Republica Italiana), No. 153, 4 July 2011. Average exchange rate for 2010: €1=US$1.3261. US Federal Reserve, “List of Exchange Rates (Annual),” 6 January 2011. For full analysis of Law No. 95, please see CMC, Cluster Munition Monitor 2011 (Ottawa: Mines Action Canada, October 2011), p. 217.
[2] An “initial” period is covered by the initial report submitted on 28 August 2012, while annual periods are covered by the reports provided in March 2013 (for calendar year 2012) and March 2014 (for calendar year 2013).
[3] For more details on Italy’s policy and practice regarding cluster munitions through early 2009, see Human Rights Watch and Landmine Action, Banning Cluster Munitions: Government Policy and Practice (Ottawa: Mines Action Canada, May 2009), pp. 97–99.
[4] Article 5(1), Law No. 95 of 14 June 2011.
[5] Statement of Italy, Convention on Cluster Munitions Fourth Meeting of States Parties, Lusaka, 10 September 2013.
[6] Ibid.
[7] “Situation of human rights in the Syrian Arab Republic,” UNGA Resolution A/RES/68/182, 18 December 2013. Italy voted in favor of a similar resolution on 15 May 2013.
[8] For more information on the provisions of Law No. 95 on financial assistance and the proposed draft legislation Act No. 2136, see IKV Pax Christi and FairFin, “Worldwide investments in Cluster Munitions: a shared responsibility,” June 2012, p. 126.
[9] See “Misure per contrastare il finanziamento delle imprese produttrici di mine antipersona, di munizioni e submunizioni a grappolo” (“Draft law on measures to counter financing of companies producing antipersonnel mines, cluster munitions, and submunitions”), Senate Act No. 2136, XVI Legislature, submitted by Silvana Amati, 26 April 2010. The bill was drafted with the assistance of the Italian Ethical Bank (Banca Etica). CMC, “CMC Newsletter,” September 2010. Average exchange rate for 2010: €1=US$1.3261. US Federal Reserve, “List of Exchange Rates (Annual),” 6 January 2011.
[10] “Resoconti Stenografici delle sedi Legislativa, Redigente e Referente” (“Stenographic notes of the Chamber of Deputies”), Commission VI (Finance), 18 December 2012. On 26 May 2010, the draft legislation was referred to the Senate Financial and Treasury Commission. On 1 June 2011, the commission agreed to examine the draft legislation in the “coming weeks.” The bill was scheduled to be examined by the Senate Financial and Treasury Commission in late 2011. See “Misure per contrastare il finanziamento delle imprese produttrici di mine antipersona, di munizioni e submunizioni a grappolo” (“Draft law on measures to counter financing of companies producing antipersonnel mines, cluster munitions, and submunitions”), “Senate Act No. 2136,” Senate of the Italian Republic, XVI Legislature, and “Resoconto sommario n. 262 del 01/06/2011: Finanze e Tesoro (6a)” (“Summary of the 262th Session on 1 June 2011: Financial and Treasury (6th) Commission”), Senate of the Italian Republic, 1 June 2011.
[11] Ministry of Foreign Affairs press release, “The Foreign Ministry renews its efforts against antipersonnel
Mines,” Farnesina, 27 June 2013.
[12] IKV Pax Christi and FairFin, “December 2013 Update: Worldwide investments in Cluster Munitions: a shared responsibility,” December 2013, p. 131.
[13] IKV Pax Christi and FairFin, “Worldwide investments in Cluster Munitions: a shared responsibility,” June 2012, pp. 65, 90, 111, and 117. In 2011, Intesa Sanpaolo decided to expand its disinvestment policy to exclude companies producing cluster munitions from its lending and banking activities. IKV Pax Christi and FairFin commended Intesa Sanpaolo for work to strengthen their policy but called on the institution to exclude cluster munition producers from its asset management, to take stronger measures to prohibit indirect financing, and to exclude holding companies when any subsidiaries are involved in cluster munition production. Their report also lists Intesa Sanpaolo as involved in financing activities with known cluster munition producer Lockheed Martin. In 2011, UniCredit Group informed IKV Pax Christi and FairFin that its asset management arm, Pioneer Investments, decided to exclude investments in cluster munitions producers, with an exception for quant and funds following an index. IKV Pax Christi and FairFin called the policy decision “a step in a good direction” but called on UniCredit to extend its policy to all of its financial products and make a version of its policy publicly available. Banca Etica was the only Italian financial institution to receive a top rating by IKV Pax Christi and FairFin for its positive disinvestment policy and its founding charter that excludes all financial relations, even indirectly, with any company involved in the arms industry.
[14] IKV Pax Christi and FairFin, “December 2013 Update: Worldwide investments in Cluster Munitions: a shared responsibility,” December 2013, p. 12,
[15] Italy did not complete the Article 7 report section on “Status and progress of programmes for conversion or decommissioning of production facilities,” Convention on Cluster Munitions Article 7 Report, Form E, 28 August 2012. Italy participated in the “European Producers Group” of the multiple launch rocket system (MLRS). The online edition of Jane’s Ammunition Handbook, which is partially available to the public, states: “European participation was introduced by a 1983 Memorandum of Understanding between the governments of France, Germany, Italy, the UK and the US. The MLRS-Europäische Produktionsgesellschaft mbH (MLRS-EPG) consortium was established the same year, with its main office at Ottobrunn in Germany. Entities initially involved in MLRS-EPG included Aérospatiale (France), Diehl (Germany), SNIA BPD (Italy - now Simmel Difesa S.p.A), and Hunting Engineering (UK). The consortium ceased operation within Europe after 284 launchers and 201,000 rockets had been produced. For the rockets produced within MLRS-EPG, Diehl was responsible for the rocket and pod integration, while Simmel Difesa S.p.A was responsible for the integration of the rocket motors.” See: “227 mm MLRS rockets (United States), Artillery rockets,” accessed 25 June 2012.
[16] Monitor meeting with Brig.-Gen. Mario Amadei, Military Advisor, Permanent Mission of Italy to the UN and Other International Organizations in Geneva, Geneva, 17 April 2012. In March 2007 Simmel Difesa S.p.A. was acquired by the British company Chemring Group PLC.
[17] Leland S. Ness and Anthony G. Williams, eds., Jane’s Ammunition Handbook 2007–2008 (Surrey, UK: Jane’s Information Group Limited, 2007), pp. 468–469; and Terry J. Gander and Charles Q. Cutshaw, eds., Jane’s Ammunition Handbook 2001–2002 (Surrey, UK: Jane’s Information Group Limited, 2001), p. 522.
[18] The projectile contained 63 DM1383 DPICM self-destructing submunitions. Leland S. Ness and Anthony G. Williams, eds., Jane’s Ammunition Handbook 2007–2008 (UK, Surrey: Jane’s Information Group Limited, 2007), pp. 674–675.
[19] Monitor meeting with Brig.-Gen. Mario Amadei, Permanent Mission of Italy to the UN and Other International Organizations in Geneva, Geneva, 17 April 2012.
[20] Convention on Cluster Munitions Article 7 Reports, Form B, April 2014, 30 April 2013, and 28 August 2012. Totals in this table are to be added to stockpile remaining at end of 2013, plus 150 cluster munitions that were reconverted, in order to account for historic total of 5,113 cluster munitions and 2,849,979 submunitions stockpiled.
[21] Italy reaffirmed that it would complete the destruction by the end of 2014, in a “safe and environmentally aware way.” Statement of Italy, Convention on Cluster Munitions Intersessional Meetings, Geneva, 18 April 2012.
[22] Statement of Italy, Convention on Cluster Munitions Fourth Meeting of States Parties, Lusaka, 11 September 2013.
[23] Convention on Cluster Munitions Article 7 Report, Form B, 28 August 2012. Italy reported completing the destruction of its 40 MGM52 cluster bombs on 11 July 2012 as among the cluster munitions it destroyed before the convention’s entry into force for the country. This appears to be an error as the convention entered into force for Italy on 1 March 2012.
[24] Statement of Italy, Convention on Cluster Munitions Third Meeting of States Parties, Oslo, 11 September 2012. Article 3 requires destruction and Article 8(1) specifies funding, Law No. 95 of 14 June 2011. Article 8(1) provides for the expenditure of funds for the destruction of its stockpile of cluster munitions as follows: €500,000 (US$663,050) in 2011, €2,006,400 ($2,660,687) in 2012, and €2 million ($3 million) per year from 2013 to 2015.
[25] Convention on Cluster Munitions Article 7 Reports, Form B, April 2014, 30 April 2013, and 28 August 2012.
[26] “Units” is believed to refer to individual submunitions.
[27] One RBL755 bomb and 147 Mk-1 submunitions, one Mk-20 Mod-11 Rockeye bomb and 247 Mk-118 submunitions, and one Mk-20 Mod-0 Rockeye bomb containing 247 Mk-118 submunitions. Convention on Cluster Munitions Article 7 Reports, Form B, April 2014, 30 April 2013, and 28 August 2012.
[28] A US diplomatic cable dated 26 November 2008 states, “Rome should note that cluster munitions are stored at Aviano and Camp Darby.” The cable states, “Unlike other potential signatory states (Germany, Japan, UK) where U.S. military forces store cluster munitions, Italy, Spain, and Qatar have not yet approached the Department or DoD [Department of Defense] on this issue.” “Demarche to Italy, Spain, and Qatar Regarding Convention on Cluster Munitions,” US Department of State cable 08STATE125632 dated 26 November 2008, released by Wikileaks on 1 September 2011.
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