San Marino
Cluster Munition Ban Policy
Five-Year Review: State Party San Marino was among the first 30 ratifications that triggered the convention’s entry into force on 1 August 2010. It has declared the existing legislation is sufficient to enforce its implementation of the convention. San Marino has not attended any meetings of the convention. San Marino provided an initial transparency report for the convention in 2011, confirming it has never used, produced, transferred, or stockpiled cluster munitions.
Policy
The Republic of San Marino signed the Convention on Cluster Munitions on 3 December 2008 and ratified on 10 July 2009. It was among the first 30 ratifications that triggered the convention’s entry into force on 1 August 2010.
San Marino has declared that “an international agreement when ratified through the appropriate parliamentary procedure, becomes ipso-facto part of its legal system” and “directly applicable” so “there is no need to further implement the [convention via specific] legislation.”[1]
San Marino submitted its initial Article 7 transparency report for the Convention on Cluster Munitions on 4 March 2011 and has since provided annual updates indicating no change, most recently on 7 May 2015.[2]
San Marino participated in one meeting of the Oslo Process that developed the Convention on Cluster Munitions (Vienna, December 2007) and joined in the consensus adoption of the convention during the negotiations in Dublin in May 2008.[3]
San Marino has not attended any formal meetings of the ban convention since 2008, such as the Fifth Meeting of States Parties in San Jose, Costa Rica in September 2014.
San Marino has voted in favor of UN General Assembly (UNGA) resolutions condemning the use of cluster munitions in Syria, including Resolution 69/189 on 18 December 2014, which expressed “outrage” at the continued use.[4]
San Marino has not provided its views on certain important issues related to interpretation and implementation of the convention, such as the prohibition on transit, the prohibition on assistance during joint military operations with states not party that may use cluster munitions, the prohibition on investment in production of cluster munitions, and the prohibition on foreign stockpiling of cluster munitions.
San Marino is a State Party to the Mine Ban Treaty. It is not party to the Convention on Conventional Weapons.
Use, production, transfer, and stockpiling
San Marino has reported that it has never used or transferred cluster munitions and that it does not produce or stockpile cluster munitions, including for training or research purposes.[5]
[1] The Great and General Council (parliament) of San Marino adopted Decree No. 82 approving ratification of the Convention on Cluster Munitions on 23 June 2010. Convention on Cluster Munitions Article 7 Report, Form A, 4 March 2011.
[2] The initial report provided on 4 March 2011 covered the period 1 August–31 December 2010 while subsequent annual updates cover the previous calendar year.
[3] For details on San Marino’s cluster munition policy and practice through early 2009, see Human Rights Watch and Landmine Action, Banning Cluster Munitions: Government Policy and Practice (Ottawa: Mines Action Canada, May 2009), p. 148.
[4] “Situation of human rights in the Syrian Arab Republic,” UNGA Resolution A/RES/69/189, 18 December 2014. San Marino voted in favor of similar resolutions on 15 May and 18 December 2013.
[5] Email from Ilaria Salicioni, First Secretary, Department of Foreign Affairs, 7 September 2009; and Convention on Cluster Munitions Article 7 Report, Forms B and C, 4 March 2011.