National Implementation of IHL
Law 14/06/2011 n° 95 on the prohibition of cluster munitions
Legge, 14/06/2011 n° 95

Official Gazzette 04/07/2011

On the 14th June 2011, the President of the Republic of Italy promulgated Law n.95 on the prohibition of cluster munitions, implementing the 2008 Oslo Convention.

In its article 3, the law affirms that the Ministry of Defense of Italy shall ensure the destruction of cluster munitions supplied to the Armed Forces, including explosive submunitions, as referred to in Article 2 (2) of the Oslo Convention. It continues by specifying that the storage and destruction of the ammunition and submunitions shall be carried out according to the procedures set out in Article 3, paragraphs 1 and 2, of the 2008 Convention.

The law allows a limited amount of the ammunition and submunitions (in any case not superior to one thousand units) to be kept exclusively for the purposes permitted by Article 3, paragraph 6, of the Oslo Convention.

Finally, the law sets out sanctions for the violation of its provisions in article 7, affirming that anyone employing, developing, producing, acquiring in any way, storaging, preserving or directly or indirectly transferring cluster munitions or parts of them, or also assisting financially, encouraging or inducing others to engage in such activities, will be punished with imprisonment from three to twelve years and with a fine from € 258,228 to € 516,456.

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