Tag Archives: Arms trade

The Ongoing Reform of the Italian Law on Arms Export and Recent Policy Trends in This Field

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Italy stands out as one of the first countries to have established a detailed legal regime for arms export control, with Law No. 185 of 1990. Despite having ratified the Arms Trade Treaty (ATT) in 2013, Italy has never introduced any implementing legislation or undertaken a substantial revision of Law 185/1990 to align it with the ATT obligations. The reform of such law – long awaited due to partial divergence from ATT provisions – thus appeared to many as necessary. Against this background, the draft amendments to Law 185/1990 were formally submitted to the Senate of the Republic on 11 August 2023 by the Minister of Foreign Affairs and International Cooperation in coordination with the Ministers of Defence, of the Interior, of Justice, of Economy and Finance and of Enterprises and Made in Italy. However, it is striking that the current reform makes no explicit reference to the ATT, nor does it seem to address the need for legal harmonisation.[1] This calls for a closer examination of the actual drivers behind the reform of Italy’s legislation on arms export control.

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The Legality of Arms Transfers to Israel after 7 October: The Relationship Between the International Legal Framework on Arms Trade and Law No. 185 of 1990

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In Italy, as in several other countries, the debate on the legality of arms transfers to Israel assumed considerable political importance in late 2023 and early 2024.[1] After an initial period of shock over the Hamas attack on Israeli territory on 7 October, public and parliamentary attention to arms transfers to Israel increased in parallel with the growing number of Palestinian civilian casualties caused by the Israeli army’s actions in the Gaza Strip. Between November 2023 and April 2024, the Italian Government had to address the issue on at least five occasions during parliamentary debates.

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The Legality of Italy’s Export of Arms

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On 17 July 2017, during a Parliamentary debate on the ongoing war in Yemen, the Sottosegretario di Stato per gli Affari esteri e la Cooperazione internazionale (Undersecretary of State for Foreign Affairs and International Cooperation), Mr. Vincenzo Amendola, presented the stance of the Italian Government vis-à-vis the conflict between the Houthi rebels and the government of President Abdrabbuh Mansur Hadi. The request for military support from President Hadi’s government, which enjoys wide international recognition, has been accepted by a coalition of States, led by Saudi Arabia. Before the Camera dei Deputati (Chamber of Deputies, 835th Meeting, XVII Legislature) Mr. Amendola qualified the government as the legitimate authority in Yemen. He described the situation as follows: 

In 2014, there was a true subversion of the institutional order from the Houthis, carried out by paramilitary militias. The coup interrupted the process of transition that was in place and resulted in the destitution of President Hadi and the fall of the Yemeni Parliament. Given the situation and the worsening of the terrorist threat brought about by Al Qaeda in great part of the Yemeni territory, which took advantage of the power vacuum in the country, a military intervention upon request and sustained by the legitimate government was launched by a coalition of States formed by Saudi Arabia, United Arab Emirates, Bahrain, Qatar, Kuwait, Sudan, Egypt and Morocco. 

Allegations of a violation of international humanitarian law as a result of the bombings carried out by Saudi Arabia led to questioning the export of arms to Riyadh. On this issue, too, the Undersecretary explained the Italian position. The obligations applicable to Italy as to the export of arms derive from domestic, European and international legal instruments. However, Mr. Amendola only mentioned the domestic framework and reminded that: 

The exports of arms are governed by Law no. 185 of 1990 and its subsequent amendments, and the authorizations for licenses involve different Ministries and authorities, as to the analysis of the content of the single operation as well as in terms of opinions for the export to non-EU/NATO countries. 

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President Mattarella’s Refusal to Promulgate a Law on the Financing of the Arms Industry

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On 27 October 2017, the Presidente della Repubblica Italiana (President of the Italian Republic, hereinafter President), Mr. Sergio Mattarella, refused to promulgate the law[1] drafted and approved by the Parliament titled “Misure per contrastare il finanziamento delle imprese produttrici di mine antipersona, di munizioni e sub munizioni a grappolo” (Measures to combat the financing of firms manufacturing antipersonnel landmines, cluster munitions and submunitions, hereinafter Law no. 57)[2]. In the Italian constitutional system, in order for a law to enter into force the President has to promulgate it, according to Article 73 of the Constitution. To this end, Article 74 confers the President the power to require that the law undergoes a new debate in the two Houses of the Parliament, expressing the reasons for such a request. As explained in the opinion sent to the Senato della Repubblica (Senate of the Republic) and the Camera dei Deputati (Chamber of Deputies), the President identified two problematic features of the law, which are here illustrated.

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The 2016 Practice of Italy on Arms Exports

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During 2016, the Italian Government was often questioned before the Parliament about arms exports from Italy to countries where either a conflict was occurring or international norms were being violated. The statements by the different members of the Government highlighted a heterogeneous practice, contingent upon different variables, some of which related to the presence of international measures and others to political considerations of the Government itself.

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The Government’s views on the imposition of an embargo on countries allegedly involved in arms trafficking with ISIL/Daesh and on common actions to counter terrorism

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In the last quarter of 2015 the Government reported twice before the Chamber of Deputies on its arms sales policy to certain Middle East countries allegedly involved in illicit arms trafficking with ISIL/Daesh. The Government also explained which measures and actions Italy has undertaken in the fight against ISIL and foreign terrorist fighters. The most salient points from the two speeches follow:

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