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San Marino
Cluster Munition Ban Policy
Policy
The Republic of San Marino signed the Convention on Cluster Munitions on 3 December 2008 and ratified on 10 July 2009. It was among the first 30 ratifications that triggered the convention’s entry into force on 1 August 2010.
San Marino has declared that “an international agreement when ratified through the appropriate parliamentary procedure, becomes ipso-facto part of its legal system” and “directly applicable” so “there is no need to further implement the [convention via specific] legislation.”[1]
San Marino submitted its initial Article 7 transparency report for the Convention on Cluster Munitions on 4 March 2011 and since provided annual updates indicating no change, including in 2014.[2]
San Marino participated in one meeting of the Oslo Process that developed the Convention on Cluster Munitions (Vienna, December 2007) and joined in the consensus adoption of the convention during the negotiations in Dublin in May 2008.[3]
San Marino has not attended any formal meetings of the ban convention since 2008, such as the Fourth Meeting of States Parties in Lusaka, Zambia in September 2013.
San Marino has voted in favor of UN General Assembly (UNGA) resolutions condemning the Syrian government’s cluster munition use, 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.”[4]
San Marino has not yet provided its views on certain important issues related to interpretation and implementation of the convention, including the prohibition on transit, the prohibition on assistance during joint military operations with states not party that may use cluster munitions, the prohibition on investment in production of cluster munitions, and the prohibition on foreign stockpiling of cluster munitions.
San Marino is a State Party to the Mine Ban Treaty. San Marino is not party to the Convention on Conventional Weapons.
Use, production, transfer, and stockpiling
San Marino has declared that it does not produce or stockpile cluster munitions, including for training or research purposes.[5] In 2009, a government official confirmed that San Marino has never used or transferred cluster munitions.[6]
[1] The Great and General Council (parliament) of San Marino adopted Decree No. 82 approving ratification of the Convention on Cluster Munitions on 23 June 2010. Convention on Cluster Munitions Article 7 Report, Form A, 4 March 2011.
[2] Various time periods are covered by the reports provided on 4 March 2011 (for the period 1 August–31 December 2010), May 2012 (calendar year 2011), 2013 (calendar year 2012), and 27 June 2014 (calendar year 2013).
[3] For details on San Marino’s cluster munition policy and practice through early 2009, see Human Rights Watch and Landmine Action, Banning Cluster Munitions: Government Policy and Practice (Ottawa: Mines Action Canada, May 2009), p. 148.
[4] “Situation of human rights in the Syrian Arab Republic,” UNGA Resolution A/RES/68/182, 18 December 2013. San Marino voted in favor of a similar resolution on 15 May 2013.
[5] Convention on Cluster Munitions Article 7 Report, Forms B and C, 4 March 2011.
[6] Email from Ilaria Salicioni, First Secretary, Department of Foreign Affairs, 7 September 2009.
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