Countering Illicit Small Arms and Light Weapons Trafficking: Strategies and Challenges

Italy and the international and regional instruments

Italy is a party to the Firearms Protocol since 2006 (United Nations Treaty Collection, 2023) and to the Arms Trade Treaty since 2014 (The Arms Trade Treaty. Treaty Status). It is then politically bound by the Programme of Action since 2001 and by the International Tracing Instrument since 2005.

At the regional level, it is part of the European Union since 1958 (European Union), of the OSCE since 1995 (Conference on Security and Co-operation in Europe, 1975), and of the Wassenaar Arrangement since its establishment in 1996 (Wassenaar Arrangement On Export Controls for Conventional Arms and Dual-Use Goods and Technologies, s.d.)
Concerning the instruments agreed within the European Union, regulations are binding legislative acts directly applicable in the EU member States, while directives require each member State to devise its own legislative acts to implement them. In Italy, the adaptation of the national legal system to the European Union legislation is performed via ad hoc Legislative Decrees and via the annual Law “Provisions for the fulfilment of the obligations deriving from Italy’s membership of the European Union. European Law” (Law 234/2012, 2012).

For example, Directive 91/477/EEC on Control of the Acquisition and Possession of Weapons was implemented in Italy by Legislative Decree 527/1992 (Legislative Decree 527/1992, 1992); Directive 2008/51/EC Modifying Directive 91/477/EEC on Control of the Acquisition and Possession of Weapons was implemented by Legislative Decree 204/2010 (Legislative Decree 204/2010, 2010); and Directive (UE) 2017/853 Modifying Directive 91/477/EEC on Control of the Acquisition and Possession of Weapons was implemented by Legislative Decree 104/2018 (Legislative Decree 104/2018, 2018).

Concerning the guidelines, elements and procedures agreed within the Wassenaar Arrangement and the documents, handbooks, principles and guidelines agreed within the OSCE, Italy is politically bound by them starting from their adoption since the instruments are adopted by consensus by all participating States, including Italy. [...]