The New Italian Law Against Investment in Antipersonnel Mines and Cluster Munitions: Achievements and Loopholes

Abstract

Abstract This contribution analyses the key legal issues raised by Law No. 220 of 9 December 2021, the new Italian law against investment in anti-personnel mines and cluster munitions and submunitions. Law No. 220 targets firms in any way involved in the production of these weapons with a total investment ban and provides effective means of enforcing the prohibition upon financial intermediaries. This signals that Italy subscribes to a broad and progressive interpretation of its international obligations under the Mine Ban Treaty and the Convention on Cluster Munitions. At the same time, though, the resulting legal regime also presents some inexplicable gaps with regard to penalties for the financing of firms involved in anti-personnel mines. It is argued here that these gaps create problems of compatibility with the Mine Ban Treaty and raise concerns of constitutionality with respect to Articles 3 and 117(1) of the Italian Constitution. Such issues may not be resoved by the Constitutional Court and should therefore be promptly addressed by Parliament.