The Italian domestic legal framework related to war crimes is characterised by several shortcomings. It is still largely centred on the provisions present in the 1941 wartime military criminal code, which have not been subjected to substantial legal restyling, regardless of the explicit and implicit obligations of domestic criminalization inferred from treaties ratified by Italy. Only in 2001–2002, at the time of Italian military operations in Afghanistan, were certain amendments to this code introduced, in order to partly adapt its content to current rules of international humanitarian law and international criminal law. However, such solutions have not brought about effective harmonization and were drafted within an incoherent legal framework, made even more complex by subsequent reforms addressing military missions abroad, thus resulting in the current unsatisfactory scenario which would require substantive reforms.

与战争罪有关的意大利国内法律框架有几个缺点。它仍然主要集中在 1941 年战时军事刑法中的条款上，这些条款没有经过实质性的法律改版，而不管从意大利批准的条约中推断出的国内刑事定罪的明确和隐含义务。仅在 2001 年至 2002 年期间，意大利在阿富汗开展军事行动时，才对该法典进行了某些修正，以使其内容部分适应国际人道主义法和国际刑法的现行规则。然而，这些解决方案并没有带来有效的协调，而且是在不连贯的法律框架内起草的，随后针对海外军事任务的改革使情况变得更加复杂，