Italy

Cluster Munition Ban Policy

Last updated: 05 August 2016

Summary: 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 voted in favor of a UN resolution on the convention in December 2015.

Italy has not used cluster munitions, but it imported and, reportedly, produced them. In December 2015, Italy announced the completion of the destruction of its stockpile of 4,963 cluster munitions and 2.8 million submunitions. Italy is one of a handful of States Parties 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.

Law No. 95 on the Ratification and Implementation of the Oslo Convention on the ban on cluster munitions 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 2016.[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 participated in the convention’s First Review Conference in Dubrovnik, Croatia in September 2015. The director for disarmament and non-proliferation affairs of the Ministry of Foreign Affairs and International Cooperation expressed his personal “pride and emotion” at being able to deliver Italy’s address to the high-level segment of the meeting because he was also present when the convention was adopted in Dublin on 30 May 2008. He described the convention as “an important milestone on the way to a more secure and peaceful world” that represents “a new, fundamental chapter of International Humanitarian Law.”[4]

Italy has attended all of the convention’s annual Meetings of States Parties as well as intersessional meetings in Geneva in 2011–2015.

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.[5] Italy states that it views universalization of the convention as a high priority.[6]

Italy often highlights the positive partnership between the various actors involved in the work of the convention. In September 2015, Italy said it welcomes “the fundamental role that civil society has played since the very beginning of the Oslo process and is still playing” in the convention, describing the government’s “strong interaction” with Italian NGOs working to advance humanitarian disarmament.[7]

On 7 December 2015, Italy voted in favor of a UN General Assembly (UNGA) resolution on the Convention on Cluster Munitions, which urges states outside the convention to “join as soon as possible.”[8]

Italy has expressed concern at new use of cluster munitions on several occasions.[9] At the First Review Conference in September 2015, Italy stated that:

Reports of alleged use of cluster munitions in conflict areas further add to the importance of pursuing universal adherence. In this respect we are deeply concerned at the alleged use of such weapons in Cambodia, Libya, Myanmar; South Sudan; Sudan, Syrian Arab Republic, Ukraine and Yemen.[10] 

Italy has also voted in favor of UNGA resolutions condemning the use of cluster munitions in Syria, most recently in December 2015.[11]

Italy is a State Party to the Mine Ban Treaty. It is also party to the Convention on Conventional Weapons.

Interpretive issues

Italy has not elaborated its views on several important issues relating to the convention’s interpretation and implementation, such as 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.[12]

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.[13] As of July 2016, the legislation was being considered by relevant parliamentary committees.[14]

According to a 2016 report, 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

Prior to destruction activities, Italy once possessed a total of 4,963 cluster munitions and 2,849,979 submunitions, as listed in the following table.

Cluster munitions formerly stockpiled by Italy[21]

Type

Quantity of munitions

Quantity of submunitions

Destruction completed

BL-755 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

MGM-52 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

3,894

2,604,336

31 October 2015

Total

4,963

2,849,979

 

 

Under Article 3 of the Convention on Cluster Munitions, Italy was 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.

On 14 December 2015, Italy announced the completion of the destruction of its stockpiled cluster munitions, four and a half years in advance of the deadline. A statement issued by the Ministry of Foreign Affairs to announce the completion affirmed Italy’s support for the convention’s “universal application and its complete and detailed implementation.”[22]

Italy destroyed 1,010 cluster munitions and 231,070 submunitions prior to the convention’s 1 March 2012 entry into force.[23] It destroyed the rest of its stocks after entry into force, including 210 M26 rockets and 135,240 M77 submunitions in 2015.[24]

Law No. 95 mandated the destruction of Italy’s stockpile of cluster munitions, including the expenditure of €4.5 million.[25] Italy reports that it destroyed the stockpile through disassembly and/or destruction at facilities in Noceto in the north of the country.[26]

Retention

According to its transparency reports, Italy is retaining one sample of each of three types of cluster bombs that it formerly stockpiled and a total of 641 submunitions.[27] As of 31 December 2015, 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 2016, it is unclear if the US still stockpiles 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, 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), May 2015 (for calendar year 2014), and May 2016 (for calendar year 2015).

[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] Statement of Italy, Convention on Cluster Munitions First Review Conference, Dubrovnik, 7 September 2015.

[5] Article 5(1), Law No. 95 of 14 June 2011.

[6] Statement of Italy, Convention on Cluster Munitions Intersessional Meetings, Geneva, 23 June 2015. Notes by Norwegian People’s Aid (NPA).

[7] Statement of Italy, Convention on Cluster Munitions First Review Conference, Dubrovnik, 7 September 2015.

[8]Implementation of the Convention on Cluster Munitions,” UNGA Resolution 70/54, 7 December 2015.

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

[10] Statement of Italy, Convention on Cluster Munitions First Review Conference, Dubrovnik, 7 September 2015.

[11]Situation of human rights in the Syrian Arab Republic,” UNGA Resolution 70/234, 23 December 2015. Italy voted in favor of similar resolutions in 2013 and 2014.

[12] 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 (Utrecht, June 2012), p. 126.

[13] 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.

[14] The Senate Financial Commission discussed the draft legislation for a final time on 20 July 2016. In the months prior to that action, the parliamentary commissions on defense, foreign affairs, constitutional affairs, and “balance” expressed a favorable opinion of the draft. Email from Giuseppe Schiavello, Director, Italian Campaign to Ban Landmines, 21 July 2016.

[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] The total number of 4,763 cluster munitions destroyed is 150 fewer than the 5,113 cluster munitions initially reported by Italy as stockpiled. It initially reported 4,044 M26 rockets, but reduced that number after converting 150 of them into M28A1 practice rockets. It reported the destruction of the 96,600 submunitions that the rockets contained before they were converted. Convention on Cluster Munitions Article 7 Reports, Form B, May 2016, 20 May 2015, April 2014, 30 April 2013, and 28 August 2012.

[23] Convention on Cluster Munitions Article 7 Report, Form B, 28 August 2012. Italy reported the destruction of 40 MGM52 cluster bombs on 11 July 2012 among the cluster munitions it destroyed before the convention’s entry into force for the country, but 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) provided for the expenditure of funds for the destruction of its stockpiled 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, May 2016, 20 May 2015, April 2014, 30 April 2013, and 28 August 2012.

[27] One BL-755 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, May 2016, 20 May 2015, April 2014, 30 April 2013, and 28 August 2012.

[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.


Mine Ban Policy

Last updated: 18 December 2019

Policy

The Italian Republic signed the Mine Ban Treaty on 3 December 1997 and ratified it on 23 April 1999, becoming a State Party on 1 October 1999. Legislation to enforce the antipersonnel mine prohibition domestically was enacted on 29 October 1997. With amendments, this was used for implementation of the Mine Ban Treaty when the ratification legislation was approved on 26 March 1999.

Italy has attended most meetings of the treaty, including the Third Review Conference in Maputo in June 2014. More recently, Italy attended the Seventeenth Meeting of States Parties, where it addressed victim assistance and mine action programs.[1] Italy also attended the intersessional meetings in May 2019.

Italy is party to the Convention on Conventional Weapons and its Amended Protocol II on landmines and Protocol V on explosive remnants of war. Italy is also party to the Convention on Cluster Munitions.

Production, use, stockpiling, and transfer

In the past, Italy was one of the major producers and exporters of antipersonnel mines. Its mine industry revolved around three companies: Valsella (produced ten types), Misar (produced four types), and Tecnovar (produced two types). All three specialized in landmines and mine-related products and were involved in direct exports and licensed overseas production. In November 1993, the government ceased authorizing the export of antipersonnel mines. In August 1994, it declared a moratorium on production and export which was made permanent in October 1997 by Law 374/97.[2] Italian mines have been found in Afghanistan, Angola, Argentina, DR Congo, Egypt, Kuwait, Iran, Iraq, Kuwait, Lebanon, Morocco, Mozambique, Pakistan, Somalia, South Africa, and Sudan.[3]

Italy completed destruction of its stockpile of 6,529,811 antipersonnel mines on 20 November 2002, well in advance of its 1 October 2003 deadline mandated by the treaty.[4] Italy initially retained 811 mines for training and development purposes; this number was reduced to 617 by the end of 2018.[5] During the 2012 intersessional meetings, Italy stated that “…the number of personnel trained in mine detection, clearance and destruction remains the main indicator of a correct (or inaccurate) compliance with…article 3.”[6]

Italy has no known mined areas, though unexploded ordnance from World War I and World War II is still found occasionally.



[1] Statement of Italy, Mine Ban Treaty Seventeenth Meeting of States Parties, Geneva, 27 November 2018; and statement of Italy, Mine Ban Treaty Seventeenth Meeting of States Parties, Geneva, 29 November 2018.

[2] The details of the three companies can be found in Landmine Monitor Report 1999.

[3] See, Landmine Monitor Report 1999, pp. 717–729. These companies were formed between 1969 and 1977. Until the late 1980s, they achieved large-scale production and sales, favored by permissive export regulations, banking support and public financing of weapons development.

[4] Several different totals have been given for Italy’s final stockpile quantity over the previous decade: 7,123,672 (6,529,811 warfare mines, 593,861 practice mines) in Registro delle Mine, Terrestrial Armaments General Directorate, Ministry of Defense, 10 October 2003, p. 5; 7,122,811 (6,529,811 warfare mines, 593,000 practice mines) in “Destruction of the Italian Antipersonnel Mine Stockpile,” Ministry of Defense, Standing Committee on Stockpile Destruction, Geneva, 6 February 2003; 7,122,739 (6,529,838 warfare mines, 592,901 practice mines) in Article 7 Report, Form B, 2 May 2002; 7,117,126 (6,529,809 warfare mines and 587,317 practice mines) in Article 7 Report, Form B, 29 March 2000. The main types of active mine were: PMC (2,068,193), AUPS (1,738,781), VAR 40 (1,420,636), MAUS-1 (623,755), Valmara 69 (410,027), Mk 2 (216,546), KB44 (21,840), MUSPA (10,160), MIFF (6,400), MUSA (1,760), VS-50 (180), VS-JAP (160) and Claymore (86). There were also large quantities described as “out of order.”

[6] Statement of Italy, Mine Ban Treaty Intersessional Meetings, Geneva, 25 May 2012.


Support for Mine Action

Last updated: 16 October 2020

In 2019, the Republic of Italy contributed €4.6 million (more than US$5 million)[1] in mine action funding to nine countries as well as global activities.

The largest contributions went to Afghanistan and Iraq, each receiving a contribution of €700,000 (some $780,000).

Overall, Italy allocated €0.9 million ($1 million)—20% of Italy’s total mine action funding—to victim assistance programs in Afghanistan and Somalia. Approximately €0.8 million ($0.9 million) went to clearance and risk education activities in Iraq and Palestine, accounting for 18% of its total contribution.

A further €371,000 (some $400,000 or 8% of its total contribution), designated as “global” in the table below, was provided to institutions and non-government organizations, without a designated recipient state or area.

More than half of Italy’s contribution, €2.5 million (some $2.8 million), supported clearance, risk education and victim assistance activities in Colombia, Sudan, Syria, Ukraine, and Yemen, but could not be disaggregated by sector.

Contributions by recipient: 2019[2]

Recipient

Sector

Amount (€)

Amount (US$)

Afghanistan

Victim assistance

700,000

783,580

Iraq

Clearance and risk education

700,000

783,580

Syria

Clearance, risk education, and victim assistance

550,000

615,670

Sudan

Clearance, risk education, and victim assistance

500,000

559,700

Ukraine

Risk education and victim assistance

500,000

559,700

Yemen

Clearance, risk education, and victim assistance

500,000

559,700

Colombia

Clearance and victim assistance

425,000

475,745

Global

Advocacy

371,000

415,297

Somalia

Victim assistance

200,000

223,880

Palestine

Risk education

136,235

152,501

Total

 

4,582,235

5,129,353

 

From 2015–2019, Italy contributed more than €16.8 million ($19 million) to mine action, compared to €10.4 million ($13.8 million) during the previous five-year period from 2010–2014. This shows the negative impact of exchange rate on the US$ value of Italy’s contribution (62% increase in national currency terms; 38% increase in US dollar terms).

Italy has steadily increased its annual support for mine action since 2013 (from €1.1 million/$1.5 million to more than €4.5 million/$5 million in 2019).

Italy expected to provide in 2020 the same level of funding as in 2019.[3]

Summary of contributions: 2015–2019[4]

Year

Amount (€)

Amount (US$)

% change from previous year (US$)

2019

4,582,235

5,129,353

+18

2018

3,656,000

4,320,295

+12

2017

3,415,000

3,859,292

+40

2016

2,484,785

2,751,154

-7

2015

2,671,863

2,964,699

+34

Total

16,809,883

19,024,793

N/A

Note: N/A=not applicable.



[1] Average exchange rate for 2019: €1=US$1.1194. US Federal Reserve, “List of Exchange Rates (Annual),” 2 January 2020.

[2] Convention on Cluster Munitions Article 7 Report, Form I, 25 June 2020; and email from Andrea Celentano, Humanitarian and Emergency Aid, Directorate General for Development Cooperation, Italy Ministry of Foreign Affairs and International Cooperation, 14 September 2020.

[3] Email from Andrea Celentano, Humanitarian and Emergency Aid, Directorate General for Development Cooperation, Italy Ministry of Foreign Affairs and International Cooperation, 14 September 2020.

[4] See previous Monitor reports.