Introduction 

On 17 May 2024, Italy received the Communication from Nineteen UN Special Rapporteurs, three Independent Experts and Three Working Groups. They called for an immediate halt to arms transfers to Israel, citing violations of international humanitarian law. Similar communications were also addressed on the same date to many multinational corporations and the Governments of Germany, USA, UK, and Norway.

After 7 October 2023, without conducting heightened human rights due diligence, arm systems were transferred to Israel by ThyssenKrupp, a German multinational industrial conglomerate. The transfer of arms and ammunition is likely to have enabled deliberate, disproportionate and indiscriminate attacks in Gaza by the Israeli military. It has resulted in numerous human rights violations. The Communication stated that Italy-based Amundi Asset Management SA is investing in this company. Transfers have also continued despite Israel's failure to implement the United Nations Security Council’s demand for a ceasefire in Gaza and the International Court of Justice's order requiring Israel to take all necessary measures to avoid a plausible risk of genocide occurring in Gaza.

The impact of Israel’s post-October 2023 attacks on Gaza

Al Qassam Brigades and other Palestinian armed groups committed atrocities against Israel on 7 October 2023, including launching thousands of indiscriminate projectiles, willful killing, mistreating and taking civilians hostage. In response, the Israeli military-led operations, including the extensive use of explosive and incendiary weapons with wide area effects in densely populated areas, has resulted in over 33,800 people killed in Gaza, predominantly civilians, and 70 per cent estimated to be women and children. At least 14,500 children and 9,500 women have been killed since the start of the military operation. It is estimated that 19,000 children have been orphaned. The attacks have also injured at least 76,500 people and displaced around 1.7 million people. They have further destroyed or damaged up to 80% of homes and vital infrastructure. In addition, military operations and toxic remnants have resulted in pollution and severe environmental degradation, further exacerbating the impacts on the civilian population. Reportedly, the Israeli military used artificial intelligence (AI systems) such as the “Gospel”, “Lavender” and “Where's Daddy?” for the identification of targets and at the same time issued military directives that significantly increased the acceptable number of civilian casualties per target and pressured Israeli intelligence officers to conduct hasty human verification of targets. It has been reported that the Israeli military used AI systems to target the family homes of suspected low-level Hamas operatives, typically at night when they sleep, with unguided munitions known as “dumb” bombs (without a guidance system), with little regard for civilians who may be in or around that home. 

The deliberate, indiscriminate and disproportionate military operation conducted by the Israeli military in Gaza, which has been enabled by the exports of arms from several countries, has entailed gross violations of international human rights law as well as international humanitarian law regulating the conduct of hostilities, including the principles of distinction, necessity, proportionality, precaution and prohibition of indiscriminate attacks, as well as violation of international criminal law. Moreover, the cutting off of supplies essential for the survival of the civilian population, including water, food and health supplies with the announcement of the complete siege imposed by Israel on Gaza, the denial of humanitarian assistance to the civilian population in need, and the targeting of critical civilian infrastructures could amount to a violation of the prohibition of starvation under international law. Credible evidence of war crimes, crimes against humanity and the real and imminent risk of genocide are found.

The communication raised concerns on several of the issues mentioned above and urged several States to immediately halt arms transfers to Israel, including export licenses and military aid, and have called for the respect of international law in all circumstances and raised alarm about the real and imminent risk of genocide, including by the UN Special Rapporteur on the Occupied Palestinian Territory in her report to the 55 th regular session of the UN Human Rights Council. 

Amid the eruption of conflict on 7 October 2023, ThyssenKrupp would have continued to supply the Israeli Navy with Sa'ar 6 warships and spare pieces. Those warships would have been used for the first time on 16 October in Gaza. No publicly available information points out that this company has undertaken any form of heightened human rights due diligence to assess and address the real and potential risk of supplying arms to Israel that would be used in the conflict. 

Many Palestinian journalists and human rights defenders have been documenting and reporting on the devastating impact of these weapons systems on civilians in Gaza. They are calling for a ban on their continued export. In addition, national courts have been handling cases of violation of international humanitarian law and human rights from States exporting arms to Israel, including in Germany, Denmark, the United Kingdom and the Netherlands.

Allegations addressed to Italy in the Communication 

The Communication expressed serious concern regarding the risk that arms transfers authorized by Italy to Israel may facilitate ongoing violations of international human rights and humanitarian law, including war crimes, crimes against humanity, and possibly genocide. Such transfers, if continued, may amount to a breach of Italy’s obligations under the Geneva Conventions, customary international law, and the 1948 Genocide Convention.

It was highlighted in the document that all States must refrain from arms transfers where there is a clear risk of their use in violations of international law, even without certainty or intent. The ICJ’s provisional measures of 26 January 2024 in South Africa v. Israel affirm that there is a plausible risk of genocide in Gaza, triggering States’ obligations to prevent such acts, particularly where military or financial support is involved.

Under customary international law, a State may bear international responsibility if it knowingly assists in the commission of an internationally wrongful act. Moreover, State officials authorising such transfers may be found individually liable for aiding and abetting international crimes.

The Human Rights Council has urged all States to halt arms and dual-use exports to Israel to prevent further violations. Additionally, under the UN Guiding Principles on Business and Human Rights, business enterprises and investors - especially those with ties to military supply chains - must conduct heightened human rights due diligence in conflict-affected areas. Failure to act may render them complicit in human rights abuses. Financial institutions investing in companies like ThyssenKrupp, which supply arms potentially used in Gaza, may also breach these obligations if appropriate due diligence is not undertaken.

Requests made to Italy

The communication requested clarification from the Italian Government regarding the allegations presented. In order to ensure the accuracy of future reporting and to better understand Italy’s position, they invited the Italian Government to provide its observations on several specific matters.

First, it was requested that the Italian Government confirm the accuracy and completeness of the information provided concerning the alleged authorization of arms transfers to Israel and their potential role in facilitating violations of international law. 

Second, Italy was asked for details on the progress made by the Italian Government in requiring or encouraging companies and investors domiciled within its territory or jurisdiction to implement human rights due diligence processes informed by a conflict-sensitive approach.

Third, the communication requested information on any steps the Italian Government took to clearly set out the expectation that all business enterprises respect human rights in the full scope of their operations.

Finally, the mandate-holders sought information on the measures currently in place - or under consideration - to ensure that individuals adversely affected by the activities of Italian-based businesses have access to effective remedy mechanisms, whether judicial or extrajudicial, within Italy.

Italy’s Reply 

On 7 August 2024, Italy published the reply to the Joint Communication. In its reply Italy recalled the reply provided by Amundi Asset Management SA (Re: AL OTH 85/2024, dated 16 July 2024), regarding Amundi’s group approach towards human rights and responsible investment management, in line with the UN Global Compact principles and the UN Guiding Principles on Business and Human Rights.

Amundi outlined its group-wide policies and commitments related to human rights due diligence and responsible investment practices. The company's adherence to the UN Global Compact principles and the UN Guiding Principles on Business and Human Rights (UNGPs) aligns with internationally recognised human rights and business conduct standards.

Communication to Ms. Baudson -  the CEO of Amundi Asset Management SA

On May 20 2024, Ms. Baudson received a similar UN Joint Communication. Ms. Baudson, as CEO of Amundi Asset Management SA, is a key figure responsible for implementing or overseeing due diligence processes to prevent risks such as international law violations. Amundi, as an investor, holds shares in ThyssenKrupp. This makes Amundi financially linked to potential human rights risks due to its investment in a defense supplier active in a conflict context where grave violations of international law have been alleged. Amundi maintains significant operations and presence in Italy, and in some cases, Italian public or institutional funds may be invested through Amundi’s asset management services. This means that Italy might be indirectly financing companies like ThyssenKrupp via Amundi. 

The reply was sent on July 16, 2024. Amundi emphasised its commitment to respecting human rights in all investment activities, guided by international standards. The company highlighted that it applies strict exclusion policies for controversial weapons, actively monitors and evaluates human rights risks using ESG tools and data providers, and engages with companies to improve human rights due diligence. If companies fail to address serious violations, Amundi escalates through voting, ESG rating downgrades, and potential exclusion from its portfolios. It also supports transparency through a whistleblower mechanism and aims to ensure remediation for affected stakeholders wherever possible.