Legal Opinion on the Presence of Nuclear Weapons in Italy

Questo libro è la versione in inglese di Parere giuridico sulla presenza delle armi nucleari in Italia, edito nel 2022 (https://multimage.org/libri/parere-giuridico-sulla-presenza-delle-armi-nucleari-in-italia/)

The study originated from a 2020 Pax Christi webinar, where lawyer Joachim Lau suggested that nuclear weapons in Italy could be illegal. Commissioned by 22 Italian organizations prompted by Abbasso la Guerra, the study, published in 2022, explores Italy's stance on the Treaty on the Prohibition of Nuclear Weapons (TPNW) and the potential for legal action against hosting US nuclear weapons on the national soil. Despite opposition from NATO and Italian governments, the study argues that the presence of nuclear weapons violates both Italian and international law, particularly the Nuclear Non-Proliferation Treaty (NPT). Noting the challenges of pursuing such cases at the international level due to the political limitations of international courts like the International Court of Justice (ICJ) and the International Criminal Court (ICC), the legal opinion examines possible domestic legal actions to address this situation. In particular,  it proposes three legal routes: criminal, civil, and administrative. In October 2023, a complaint was filed and registered to the Public Prosecutor’s Office in Rome, calling for an investigation into the legality of nuclear weapons and their removal. The petition, supported by over 650 endorsements, urges the government to sign the TPNW, remove nuclear weapons, and prevent Italy's complicity in nuclear warfare, emphasizing ethical and legal concerns. The legal opinion does not replace other efforts for nuclear disarmament and does not diminish other initiatives for peace and disarmament.  On the contrary, it is an important complement to the broader struggle against war, military spending, and weapons production.