Invio di armi e munizioni dall'Italia all'Ucraina, legislazione nazionale e trattato sul commercio delle armi

This paper analyses the legality of supplying weapons and ammunitions to Ukraine under the Arms Trade Treaty and the applicable Italian legislation. It submits that Italy has been failing to comply with its duty to make a prior assessment on whether the exported military material could be used to commit or facilitate even if only a single serious violation of international humanitarian or human rights law, as well as with the duty to consider means to mitigate this risk. Moreover, Italy has been violating the obligation to take measures to prevent the diversion of the transferred weapons. Apparently, no circumstance could preclude the wrongfulness of this conduct under international law.