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July 2023 - Ongoing

Complaint against Italy at the European Court of Human Rights

Jurisdiction

European Court of Human Rights

Locale

Armed Conflict in Yemen

Recipient State

Saudi Arabia, United Arab Emirates

Case Type

International

Status

Ongoing

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Overview

The complaint against Italy at the ECtHR calls for the court to ensure that European states provide access to justice for victims of war crimes committed with weapons produced in and/or exported from Europe. The case follows the dismissal of a criminal complaint filed in Italy in 2018 against the accused corporate and state officials for their role in the supply of weapons to Saudi Arabia and the UAE, which were used in airstrikes against civilians in Yemen. The submission focuses on the airstrike in Deir Al-Ḩajārī, Yemen on 8 October 2016. 

The applicants allege that the Italian state failed to investigate the crimes of homicide and personal injury, despite the fact that the victims had reported the death of their relatives in the attack, thereby violating Article 2 of the ECHR. They also allege that the Italian authorities failed to suspend or revoke arms export licences, despite their awareness of the clear risk that weapons exported to Saudi Arabia and UAE could be used to commit war crimes and to violate international human rights law, including the right to life, in Yemen. 

This case is in its early stages; a decision on the admissibility of the application is expected in the second half of 2024. 

Timeline

04 Jul 2023

Claimants submit application against Italy to the European Court of Human Rights alleging that the Italian state violated the 'right to life' under ECHR Article 2.

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Case Documents

20/07/2023

European responsibility for war crimes in Yemen – Complicity of RWM Italia and Italian arms export authority?

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Analysis

20 July 2023

Italian-made bombs in deadly airstrike in Yemen

European Centre for Constitutional and Human Rights (ECCHR)

This press release covers the submission of a complaint against Italy to the European Court of Human Rights, over the use of Italian-made bombs for an airstrike on the village Deir Al-Ḩajārī, Yemen in October 2016.

Contact the Claimants

Relatives of victims and one survivor of the airstrike in Deir Al-Ḩajārī, Yemen on 8 October 2016 submitted the complaint. The applicants are supported by the human rights organizations Mwatana for Human Rights, Rete Italiana Pace e Disarmo, and the European Centre for Constitutional and Human Rights (ECCHR).

If you would like to know more about this case, please get in touch with our primary contact Laura Duarte-Reyes (ECCHR) by email.