ITALY
DOES SELLING
Developments in
ARMS TO SAUDI
2018
ARABIA CONSTITUTE On 17 April 2018, the joint criminal
by the European Center
COMPLICITY IN WAR complaint
for Constitutional and Human Rights
(ECCHR), Yemen-based Mwatana
CRIMES?
RWM Italia
Context
Ongoing investigation against directors
of RWM Italia S.p.A., an Italian arms
manufacturer, and against Italian
government officials who authorized
arms exports to Saudi Arabia, and for
complicity in murder and bodily injury
Suspects
Current and former CEOs and directors
of RWM Italia S.p.A. (a subsidiary
of German-based Rheinmetall AG),
and Italian government officials from
Italy’s National Authority for the Export
of Armament (UAMA); suspected
individuals are German and Italian
Country of residence
of suspects
Italy
Organization for Human Rights,
and Italian-based Rete Italiana
per Il Disarmo, in cooperation with
Osservatorio Permanente sulle Armi
Leggere e le Politiche di Sicurezza
e Difesa (O.P.A.L.), was filed with
the public prosecutor in Rome.
The prosecutor has opened an
investigation, which is still ongoing.
Current status
Under investigation
Facts
The complaint denounces an air
strike launched by the Saudi-led
coalition in Deir Al-Hajari in Yemen
on 8 October 2016, which allegedly
killed six civilians. At the site of the
airstrike, a suspension lug was found,
manufactured by RWM Italia S.p.A.
Further remnants indicate the use of
a guided bomb. Testimonies of eye
witnesses confirm that no military
object was in the vicinity of the house
that was targeted by the airstrike.
In relation to the company’s directors
and government officials, complicity
through gross negligence in murder
and bodily injury.
The complaint alleges the criminal
liability of RWM Italia S.p.A.’s directors
and of UAMA officials for the export of
at least a part of the deadly weapon
used in the strike, to Saudi Arabia or
another member state of the Saudiled military coalition.
In addition, the complaint requests an
investigation into the alleged abuse
of power by the government officials.
The International Criminal Court
Statute has not been implemented
in the Italian Criminal Code and, as
a consequence, it was not possible
to request an investigation into
complicity in war crimes.
Despite
major
warnings
that
the coalition warfare in Yemen
causes significant loss of civilian
life and breaches of international
humanitarian law, exports of bombs
and other weapons to coalition
member states had not stopped and
are still taking place. In Italy, the
competent Italian Authority for the
Charges
57
Export of Armament authorizes these
exports of armaments manufactured
in Italy.
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