National Implementation of IHL
Criminal Military Code of War, 1941
Regio decreto 20 febbraio 1941, n. 303. ó Codici penali militari di pace e di

Amended several times; in particular: Law No. 6 of 31 January 2002 approving Decree-Law No. 421 of 1 December 2001.  (last accessed on 10.06.2013)

Approved on 20 February 1941 and still in force today, the Criminal Military Code of War applies only to members of the armed forces, except in limited cases involving other Italian citizens. It also covers breaches of the laws and customs of war committed by enemy forces against the Italian State, Italian citizens, allied States and allied citizens. Amended in January 2002, the Code now defines criminal acts, including those committed in non-international armed conflicts, more precisely and thus covers a wider range of grave breaches spelled out in the Geneva Conventions and their Additional Protocols. The amendments of 31 January 2002 thus appear to be a first legislative step towards reducing, if not filling, the gap between the Code and current IHL.

File TypeSizeFile Name
application/pdf 454 KB Codici Penali Militari di pace e di guerra.pdf
application/pdf 10 KB Italy - Law amending the Criminal Military Code of War, 2002 [Ita].pdf