Italy

Cluster Munition Ban Policy

Last updated: 10 August 2015

Five-Year Review: State Party Italy ratified the convention on 21 September 2011 after enacting implementing legislation. Italy has participated in all of the convention’s meetings and has condemned new use of cluster munitions, including in South Sudan, Syria, Ukraine, and Yemen. Italy provided its initial transparency report for the convention in 2012.

Italy has not used cluster munitions, but it imported and, reportedly, produced them. Italy is on track to complete the destruction of its stockpile of 5,113 cluster munitions and 2.8 million submunitions in 2015. By the end of 2014, 210 cluster munitions were left to be destroyed, representing 4% of the original stockpile. Italy is one of the few states that is retaining cluster munitions for research of training purposes.

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 has provided annual updates since then, most recently in May 2015.[2]

Italy participated in the Oslo Process that created the convention and its position evolved significantly to support the prohibition on cluster munitions.[3]

Italy engages in the work of the convention. It has participated in every Meeting of States Parties of the convention, including the Fifth Meeting of States Parties in San José, Costa Rica in September 2014. Italy has attended in all of the convention’s intersessional meetings held in Geneva, most recently in June 2015.

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]

Italy views universalization of the convention as a high priority and often states that no effort should be spared to achieve that goal.[5] It has highlighted the positive role of partnerships between all actors involved in the work of the convention, particularly “the fundamental role” played by civil society.[6]

Italy has expressed concern at new use of cluster munitions on several occasions. In June 2015, Italy expressed deep concern at the reported use of cluster munitions in South Sudan, Syria, Ukraine, and Yemen.[7] In September 2014, Italy stated that it was “deeply concerned about the alleged use of [cluster munitions] against civilians in South Sudan, Syria and Ukraine,” and that “reports of alleged use of cluster weapons in areas of conflict further add to the importance of pursuing universal adherence.”[8]

Italy has voted in favor of UN General Assembly (UNGA) resolutions condemning the use of cluster munitions in Syria, including Resolution 69/189 on 18 December 2014, which expressed “outrage” at the continued use.[9]

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 elaborate 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.[10]

Draft legislation 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 was introduced in the Senate in 2010.[11] The bill was approved by the Chamber of Deputies’ legislative finance committee in 2012, but then reportedly stalled in 2013 after the early dissolution of parliament.[12] As of July 2015, the legislation was being considered by relevant parliamentary committees.[13] Until it is adopted, Law No. 95 remains the legal standard governing investment in cluster munitions.[14]

Several Italian financial institutions have enacted policies to disinvest from companies producing cluster munitions.[15]

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.[16]

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.[17] 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.[18] 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.[19]

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.[20]

Stockpiling and destruction

Italy’s stockpile 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 210 cluster munitions and 135,240 submunitions by the end of 2014.

Cluster munitions stockpiled by Italy[21]

Type

Quantity of munitions

Quantity of submunitions

Destruction completed

RBL755 cluster bombs, each containing 147 Mk-1 submunitions

414

60,858

16 April 2011

Mk-20 Mod-0 Rockeye bombs, each containing 247 Mk-118 submunitions

556

137,332

16 November 2011

MGM52 Lance missiles, each containing 822 M74 submunitions

40

32,880

11 July 2012

Mk-20 Mod-11 Rockeye bombs, each containing 247 Mk-118 submunitions

59

14,573

31 December 2013

M26 MLRS rockets, each containing 644 M77 DPICM submunitions

3,684

2,469,096

Scheduled for 2015

Total

4,753

2,714,739

 

 

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 September 2014, Italy informed States Parties that its stockpile destruction process was “on track for completion by 2015.”[22]

By 31 December 2014, Italy had destroyed a total of 4,753 cluster munitions and 2,714,739 submunitions from its stockpile. A total of 1,010 cluster munitions and 231,070 submunitions were destroyed prior to the convention’s entry into force for Italy (1 March 2012).[23] In the period from the convention’s entry into force for Italy until the end of 2014, a total of 3,743 cluster munitions and 2,483,669 submunitions were destroyed.

In 2014, Italy destroyed 360 cluster munitions and 231,840 submunitions.[24]

A total of 210 M26 MLRS rockets and 135,240 M77 DPICM submunitions remained to be destroyed by the end of 2014.

Law No. 95 mandates the destruction of Italy’s stockpile of cluster munitions, including the expenditure of funds.[25] According Italy’s Article 7 reports, the stockpile has been destroyed at facilities in Noceto, Italy through disassembly and/or destruction.[26]

Retention

According to its transparency 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 2014, Italy had not used or consumed any of the cluster munitions retained for training or research purposes.[28]

Italy’s implementing legislation permits the retention of a “limited quantity” of cluster munitions not exceeding “1,000 units.”[29]

Foreign stockpiling

United States (US) military forces have stored cluster munitions in Italy in the past, but as of June 2015, it was not known if the US continues to stockpile cluster munitions in Italy.[30]



[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), March 2014 (for calendar year 2013), and May 2015 (for calendar year 2014).

[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 Intersessional Meetings, Geneva, 23 June 2015. Notes by Norwegian People’s Aid (NPA); statement of Italy, UNGA First Committee on Disarmament and International Security, New York, 13 October 2014; and statement of Italy, Convention on Cluster Munitions Fifth Meeting of States Parties, San José, 2 September 2014.

[6] Statement of Italy, Convention on Cluster Munitions Fifth Meeting of States Parties, San José, 2 September 2014; and statement of Italy, UNGA First Committee on Disarmament and International Security, New York, 13 October 2014.

[7] Statement of Italy, Convention on Cluster Munitions Intersessional Meetings, Geneva, 23 June 2015. Notes by NPA.

[8] Statement of Italy, Convention on Cluster Munitions Fifth Meeting of States Parties, San José, 2 September 2014.

[9]Situation of human rights in the Syrian Arab Republic,” UNGA Resolution A/RES/69/189, 18 December 2014. Italy voted in favor of similar resolutions on 15 May and 18 December 2013.

[10] 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.

[11] 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.

[12]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. 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.” Ministry of Foreign Affairs Press Release, “The Foreign Ministry renews its efforts against antipersonnel Mines,” Farnesina, 27 June 2013.

[13] Email from Suzanne Oosterwijk, Program Officer for Security and Disarmament, PAX, 3 July 2015; and PAX, “Worldwide investment in Cluster Munitions: a shared responsibility, November 2014 update,” Utrecht, November 2014, p. 13.

[14] IKV Pax Christi and FairFin, “December 2013 Update: Worldwide investments in Cluster Munitions: a shared responsibility,” December 2013, p. 131.

[15] For detailed information on Italian financial institutions and their policies on investment in companies which produce cluster munitions, see: PAX, “Worldwide investment in Cluster Munitions: a shared responsibility, November 2014 update,” Utrecht, November 2014.

[16] Italy did not complete the Article 7 report form 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,” 2008.

[17] 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.

[18] 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.

[19] 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.

[20] Monitor meeting with Brig.-Gen. Mario Amadei, Permanent Mission of Italy to the UN and Other International Organizations in Geneva, Geneva, 17 April 2012.

[21] Convention on Cluster Munitions Article 7 Reports, Form B, 20 May 2015, April 2014, 30 April 2013, and 28 August 2012. Totals in this table are to be added to stockpile remaining at end of 2014, plus 150 cluster munitions that were reconverted, in order to account for the historic total of 5,113 cluster munitions and 2,849,979 submunitions stockpiled.

[22] Statement of Italy, Convention on Cluster Munitions Fifth Meeting of States Parties, San José, 2 September 2014.

[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.

[25] 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.

[26] Convention on Cluster Munitions Article 7 Reports, Form B, 20 May 2015, April 2014, 30 April 2013, and 28 August 2012.

[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 C, 20 May 2015, April 2014, 30 April 2013, and 28 August 2012.

[28] Convention on Cluster Munitions Article 7 Report, Form C, 20 May 2015.

[29] “Units” is believed to refer to individual submunitions.

[30] 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.