A cluster munition is a form of air-dropped or ground-launched explosive weapon that releases or ejects smaller submunitions. Commonly, this is a cluster bomb that ejects explosive bomblets that are designed to kill personnel and destroy vehicles. Other cluster munitions are designed to destroy runways or electric power transmission lines, disperse chemical or biological weapons, or to scatter land mines. Some submunition-based weapons can disperse non-munitions, such as leaflets.
Because cluster bombs release many small bomblets over a wide area, they pose risks to civilians both during attacks and afterwards. Unexploded bomblets can kill or maim civilians and/or unintended targets long after a conflict has ended, and are costly to locate and remove.
Cluster munitions are prohibited for those nations that ratified the Convention on Cluster Munitions, adopted in Dublin, Ireland in May 2008. The Convention entered into force and became binding international law upon ratifying states on 1 August 2010, six months after being ratified by 30 states.[1] As of 1 April 2018, a total of 120 states have joined the Convention, as 103 states parties and 17 signatories.[2]
Contents
- 1 Development
- 2 Types
- 3 History of use
- 3.1 Vietnam War
- 3.2 Western Sahara war, 1975–1991
- 3.3 Soviet–Afghan War, 1979–1989
- 3.4 Falklands War
- 3.5 Nagorno Karabakh War, 1992–1994, 2016, 2020
- A cluster munition is a form of air-dropped or ground-launched explosive weapon that releases or ejects smaller submunitions. Commonly, this is a cluster bomb that ejects explosive bomblets that are designed to kill personnel and destroy vehicles. Other cluster munitions are designed to destroy runways or electric power transmission lines, disperse chemical or biological weapons, or to scatter land mines. Some submunition-based weapons can disperse non-munitions, such as leaflets.
Because cluster bombs release many small bomblets over a wide area, they pose risks to civilians both during attacks and afterwards. Unexploded bomblets can kill or maim civilians and/or unintended targets long after a conflict has ended, and are costly to locate and remove.
Cluster munitions are prohibited for those nations that ratified the Convention on Cluster Munitions, adopted in Dublin, Ireland in May 2008. The Convention entered into force and became binding international law upon ratifying states on 1 August 2010, six months after being ratified by 30 states.[1] As of 1 April 2018, a total of 120 states have joined the Convention, as 103 states parties and 17 signatories.[2]
Contents
- 1 Development
- 2 Types
- 2.1 Incendiary
- 2.2 Anti-personnel
- 2.3 Anti-tank
- 2.4 Mine-laying
- 2.5 Chemical weapons
- civilians both during attacks and afterwards. Unexploded bomblets can kill or maim civilians and/or unintended targets long after a conflict has ended, and are costly to locate and remove.
Cluster munitions are prohibited for those nations that ratified the Convention on Cluster Munitions, adopted in Dublin, Ireland in May 2008. The Convention entered into force and became binding international law upon ratifying states on 1 August 2010, six months after being ratified by 30 states.[1] As of 1 April 2018, a total of 120 states have joined the Convention, as 103 states parties and 17 signatories.[2]
The first[citation needed] cluster bomb used operationally was the German SD-2 or Sprengbombe Dickwandig 2 kg, commonly referred to as the Butterfly Bomb.[3] It was used in World War II to attack both civilian and military targets. The technology was developed independently by the United States, Russia and Italy (see Thermos bomb). The US used the 20-lb M41 fragmentation bomb wired together in clusters of 6 or 25 with highly sensitive or proximity fuzes.
From the 1970s to the 1990s cluster bombs became standard air-dropped munitions for many nations, in a wide variety of types. They have been produced by 34 countries and used in at least 23.[4]
Artillery shells that employ similar principles have existed for decades. They are typically referred to as ICM (Improved Conventional Munitions) shells. The US military slang terms for them are "firecracker" or "popcorn" shells, for the many small explosions they cause in the target area.
Types
A basic cluster bomb consists of a hollow shell and then two to more than 2,000 submunitions or bomblets contained within it. Some types are dispensers that are designed to be retained by the aircraft after releasing their munitions. The submunitions themselves may be fitted with small parachute retarders or streamers to slow their descent (allowing the aircraft to escape the blast area in low-altitude attacks).[citation needed]
Modern cluster bombs and submunition dispensers can be multiple-purpose weapons containing a combination of anti-armor, anti-personnel, and anti-materiel munitions. The submunitions themselves may also be multi-purpose, such as combining a shaped charge, to attack armour, with a fragmenting case, to attack infantry, material, and light vehicles. They may also have an incendiary function.
Since the 1990s submunition-based weapons have been designed that deploy smart submunitions, using thermal and visual sensors to locate and attack particular targets, usually armored vehicles. Weapons of this type include the US CBU-97 sensor-fuzed weapon, first used in combat during Operation Iraqi Freedom, the 2003 invasion of Iraq. Some munitions specifically intended for anti-tank use can be set to self-destruct if they reach the ground without locating a target, theoretically reducing the risk of unintended civilian deaths and injuries. Although smart submunition weapons are much more expensive than standard cluster bombs, fewer smart submunitions are required to defeat dispersed and mobile targets, partly offsetting their cost. Because they are designed to prevent indiscriminate area effects and unexploded ordnance risks, these submunitions are not classified as cluster munitions under the Convention on Cluster Munitions.[citation needed]
Incendiary
During the Winter War of 1939–1940, the Soviet Union dropped RRAB-3, nicknamed Molotov bread baskets, which scattered incendiary bomblets, on Finland.Incendiary cluster bombs are intended to start fires, just like conventional incendiary bombs (firebombs). They contain submunitions of white phosphorus or napalm, and can be combined anti-personnel and anti-tank submunitions to hamper firefighting efforts.[citation needed] In urban areas they have been preceded by the use of conventional explosive bombs to fracture the roofs and walls of buildings to expose their flammable contents. One of the earliest examples is the so-called Molotov bread basket used by the Soviet Union in the Winter War of 1939–40. Incendiary clusters were extensively used by both sides in the strategic bombings of World War II. They caused firestorms and conflagrations in the bombing of Dresden in World War II and the firebombing of Tokyo. Some modern bomb submunitions deliver a highly combustible thermobaric aerosol that results in a high pressure explosion when ignited.[citation needed]
Anti-personnel
Anti-personnel cluster bombs use explosive fragmentation to kill troops and destroy soft (unarmored) targets. Along with incendiary cluster bombs, these were among the first types of cluster bombs produced by Nazi Germany during World War II. They were used during the Blitz with delay and booby-trap fusing to hamper firefighting and other damage-control efforts in the target areas. They were also used with a contact From the 1970s to the 1990s cluster bombs became standard air-dropped munitions for many nations, in a wide variety of types. They have been produced by 34 countries and used in at least 23.[4]
Artillery shells that employ similar principles have existed for decades. They are typically referred to as ICM (Improved Conventional Munitions) shells. The US military slang terms for them are "firecracker" or "popcorn" shells, for the many small explosions they cause in the target area.
A basic cluster bomb consists of a hollow shell and then two to more than 2,000 submunitions or bomblets contained within it. Some types are dispensers that are designed to be retained by the aircraft after releasing their munitions. The submunitions themselves may be fitted with small parachute retarders or streamers to slow their descent (allowing the aircraft to escape the blast area in low-altitude attacks).[citation needed]
Modern cluster bombs and submunition dispensers can be multiple-purpose weapons containing a combination of anti-armor, anti-personnel, and anti-materiel munitions. The submunitions themselves may also be multi-purpose, such as combining a shaped charge, to attack armour, with a fragmenting case, to attack infantry, material, and light vehicles. They may also have an incendiary function.
Since the 1990s submunition-based weapons have been designed that deploy smart submunitions, using thermal and visual sensors to locate and attack particular targets, usually armored vehicles. Weapons of this type include the US CBU-97 shaped charge, to attack armour, with a fragmenting case, to attack infantry, material, and light vehicles. They may also have an incendiary function.
Since the 1990s submunition-based weapons have been designed that deploy smart submunitions, using thermal and visual sensors to locate and attack particular targets, usually armored vehicles. Weapons of this type include the US CBU-97 sensor-fuzed weapon, first used in combat during Operation Iraqi Freedom, the 2003 invasion of Iraq. Some munitions specifically intended for anti-tank use can be set to self-destruct if they reach the ground without locating a target, theoretically reducing the risk of unintended civilian deaths and injuries. Although smart submunition weapons are much more expensive than standard cluster bombs, fewer smart submunitions are required to defeat dispersed and mobile targets, partly offsetting their cost. Because they are designed to prevent indiscriminate area effects and unexploded ordnance risks, these submunitions are not classified as cluster munitions under the Convention on Cluster Munitions.[citation needed]
Incendiary cluster bombs are intended to start fires, just like conventional incendiary bombs (firebombs). They contain submunitions of white phosphorus or napalm, and can be combined anti-personnel and anti-tank submunitions to hamper firefighting efforts.[citation needed] In urban areas they have been preceded by the use of conventional explosive bombs to fracture the roofs and walls of buildings to expose their flammable contents. One of the earliest examples is the so-called Molotov bread basket used by the Soviet Union in the Winter War of 1939–40. Incendiary clusters were extensively used by both sides in the strategic bombings of World War II. They caused firestorms and conflagrations in the bombing of Dresden in World War II and the firebombing of Tokyo. Some modern bomb submunitions deliver a highly combustible thermobaric aerosol that results in a high pressure explosion when ignited.[citation needed]
Anti-personnel
Anti-personnel cluster bombs use explosive fragmentation to kill troops and destroy soft (unarmored) targets. Along with incendiary cluster bombs, these were among the first types of cluster bombs produced by Nazi Germany during World War II. They were used during the Blitz with delay and booby-trap fusing to hamper firefighting and other damage-control efforts in the target areas. They were also used with a contact fuze when attacking entrenchments. These weapons were widely used during the Vietnam War when many thousands of tons of submunitions were dropped on Laos, Cambodia and
Anti-personnel cluster bombs use explosive fragmentation to kill troops and destroy soft (unarmored) targets. Along with incendiary cluster bombs, these were among the first types of cluster bombs produced by Nazi Germany during World War II. They were used during the Blitz with delay and booby-trap fusing to hamper firefighting and other damage-control efforts in the target areas. They were also used with a contact fuze when attacking entrenchments. These weapons were widely used during the Vietnam War when many thousands of tons of submunitions were dropped on Laos, Cambodia and Vietnam.[5]
Anti-tank
Most an
Most anti-armor munitions contain shaped charge warheads to pierce the armor of tanks and armored fighting vehicles. In some cases, guidance is used to increase the likelihood of successfully hitting a vehicle. Modern guided submunitions, such as those found in the U.S. CBU-97, can use either a shaped charge or an explosively formed penetrator. Unguided shaped-charge submunitions are designed to be effective against entrenchments that incorporate overhead cover. To simplify supply and increase battlefield effectiveness by allowing a single type of round to be used against nearly any target, submunitions that incorporate both fragmentation and shaped-charge effects are produced.[citation needed]
Mine-layingSubmunition-based mines do not detonate immediately, but behave like conventional land mines that detonate later. These submunitions usually include a combination of anti-personnel and anti-tank mines. Since such mines lie exposed on surfaces, the anti-personnel forms, such as the US Area Denial Artillery Munition normally deploy tripwires automatically after landing to make clearing the minefield more difficult. In order to avoid accumulating large areas of impassable battlefield, and to minimize the amount of mine-clearing needed after a conflict, scatterable mines used by the United States are designed to self-destruct after a period of time from 4 to 48 hours. The internationally agreed definition of cluster munitions being negotiated in the Oslo Process may not include this type of weapon, since landmines are already covered by other international treaties.
Chemical weaponsDuring the 1950s and 1960s, the United States and Soviet Union developed cluster weapons designed to deliver chemical weapons. The Chemical Weapons Convention of 1993 banned their use. Six member nations declared themselves in possession of chemical weapons. The US and Russia are still in the process of destroying their stockpiles, having received extensions of the time limit for full destruction. They were unable to complete the destruction of their chemical weapons stockpiles by 2007, as the Treaty originally required.
Anti-electrical
Leaflet dispensing
The LBU-30 is designed for dropping large quantities of propaganda leaflets from aircraft. Enclosing the leaflets within the bomblets ensures that the leaflets will fall on the intended area without being dispersed excessively by the wind. The LBU-30 consists of SUU-30 dispensers that have been adapted to leaflet dispersal. The dispensers are essentially recycled units from old bombs. The LBU-30 was tested at Eglin Air Force Base in 2000, by an F-16 flying at 20,000 feet (6,100 m).[6]
History of use
During the Vietnam War, the US used cluster bombs in air strikes against targets in Vietnam, Laos, and Cambodia.[7] According to The Guardian, of the 260 million cluster bomblets that rained down on Laos between 1964 and 1973, particularly on Xieng Khouang province, 80 million failed to explode.[8] The GlobalPost reports that as of 2009[update] about 7,000 people have been injured or killed by explosives left from the Vietnam War era in the Vietnamese Quang Tri Province alone.[9]Western Sahara war, 1975–1991
During the 16-year-long conflict on the territory of Western Sahara, the Royal Moroccan Army (RMA) dropped cluster bombs.
The RMA used both artillery-fired and air-dropped cluster munitions. BLU-63, M42 and MK118 submunitions were used at multiple locations in Bir Lahlou, Tifarity, Mehaires, Mijek and Awganit.
More that 300 cluster strike areas have been recorded in the MINURSO Mine Action Coordination Center database.
Soviet–Afghan War, 1979–1989
During the Soviet-Afghan War, Russia dealt harshly with Mujahideen rebels and those who supported them, to include, leveling entire villages to deny safe havens to their enemy and employing cluster bombs, As reported by Human Rights Watch, Afghanistan: The Forgotten War: Human Rights Abuses and Violations of the Laws of War Since the Soviet Withdrawal, 1 February 1991,
Falklands War
Sea Harri
During the 16-year-long conflict on the territory of Western Sahara, the Royal Moroccan Army (RMA) dropped cluster bombs.
The RMA used both artillery-fired and air-dropped cluster munitions. BLU-63, M42 and MK118 submunitions were used at multiple locations in Bir Lahlou, Tifarity, Mehair
The RMA used both artillery-fired and air-dropped cluster munitions. BLU-63, M42 and MK118 submunitions were used at multiple locations in Bir Lahlou, Tifarity, Mehaires, Mijek and Awganit.
More that 300 cluster strike areas have been recorded in the MINURSO Mine Action Coordination Center database.
During the Soviet-Afghan War, Russia dealt harshly with Mujahideen rebels and those who supported them, to include, leveling entire villages to deny safe havens to their enemy and employing cluster bombs, As reported by Human Rights Watch, Afghanistan: The Forgotten War: Human Rights Abuses and Violations of the Laws of War Since the Soviet Withdrawal, 1 February 1991,
Falklands War
Sea Harriers of the Sea Harriers of the Royal Navy dropped BL755 cluster bombs on Argentinian positions during the Falklands War of 1982.
The armed conflict between Azerbaijan and Armenia in Nagorno Karabakh in 1992–94 led to the use of cluster munitions against military and civilian targets in the region.[10] As of 2010, 93 km2 remain off-limits due to contamination with unexploded cluster ordnance. HALO Trust has made major contributions to the cleanup effort.[11][12] Albeit, the charity reported the use of cluster bombs by Azerbaijan during renewed hostilities in April 2016,[13] there are counterclaims about the use of cluster munition by Armenian Armed Forces against Azerbaijani civilians in the given period.[14]
Nonetheless, according to the Cluster Munition Monitor report in 2010, Armenia did not accede to become a member of the Cluster Munition Monitor report in 2010, Armenia did not accede to become a member of the Convention on Cluster Munitions with regards to an official letter dated 29 April 2010 by the Department of Arms Control and International Security, Ministry of Foreign Affairs of the Republic of Armenia.[15]
Further use of cluster munition has been reported during the clashes in Nagorno-Karabakh in 2020.[16][17] Namely, it has been claimed that on 4 October, while Armenian Armed Forces targeted the second-largest Azerbaijani city of Ganja used cluster munition.[18][19][20][21] Afterwards, the leader of the self-proclaimed Nagorno-Karabakh state Arayik Harutyunyan confirmed on his official Facebook account that he ordered an artillery attack against Ganja as a part of military operations.[22][23] Upon this statement, a criminal case has been initiated against Arayik Harutyunyan by the Prosecutor General of Azerbaijan due to the civilian casualties.[24][25]
Subsequently, Armenian authorities claimed that Azerbaijan used cluster munition as well during the operations. [26]
About 2,000 cluster bombs containing 380,000 sub-munitions were dropped on Yugoslavia during the Operation Allied Force, in 1999, of which the Royal Air Force dropped 531 RBL755 cluster bombs.[27][28]
On 7 May 1999, between the time of 11:30 and 11:40, a NATO attack was carried out with two containers of cluster bombs and fell in the central part of the city:
- The Pathology building next to the Medical Center of Nis in the south of the city,
- Next to the building of "Banovina" including the main market, bus station next to the Niš Fortress and "12th February" Health Centre
- Parking of "Niš Express" near river Nišava River.
Rep
On 7 May 1999, between the time of 11:30 and 11:40, a NATO attack was carried out with two containers of cluster bombs and fell in the central part of the city:
Reports claimed that 15 civilians were killed, 8 civilians were seriously injured, 11 civilians had sustained minor injuries, 120 housing units were damaged and 47 were destroyed and that 15 cars were damaged.
Overall during the operation, at least 23 Serb civilians were killed by cluster munitions. At least six Serbs, including three children were killed by bomblets after the operation ended, and up to 23 square kilometres in six areas remain "cluster contaminated", according to Serbian government, includin
Overall during the operation, at least 23 Serb civilians were killed by cluster munitions. At least six Serbs, including three children were killed by bomblets after the operation ended, and up to 23 square kilometres in six areas remain "cluster contaminated", according to Serbian government, including on Mt. Kopaonik near the slopes of the ski resort. The UK contributed £86,000 to the Serbian Mine Action Centre.[27]
1991: United States, France, and the United Kingdom dropped 61,000 cluster bombs, containing 20 million submunitions, on Iraq, according to the HRW.[32]
2003–2006: United States and allies attacked Iraq with 13,000 cluster munitions, containing two million submunitions during Operation Iraqi Freedom, according to the HRW.[33] At multiple times, coalition forces used cluster munitions in residential areas, and the country remains among the most contaminated to this day, bomblets posing a threat to both US military personnel in the area, and local civilians.[34]
When these weapons were fired on Baghdad on April 7, 2003 many of the bomblets failed to explode on impact. Afterward, some of them exploded when touched by civilians. USA Today reported that "the Pentagon presented a misleading picture during the war of the extent to which cluster weapons were being used and of the civilian casualties they were causing." On April 26, General Richard Myers, chairman of the Joint Chiefs of Staff, said that the US had caused only one civilian casualty.[35]
Lebanon, 1978, 1982 and 2006
- Extensively used by Israel during the 1978 Israeli invasion of Lebanon, the 1982–2000 occupation of Lebanon and also by Hezbollah in the 2006 Lebanon War.
2003–2006: United States and allies attacked Iraq with 13,000 cluster munitions, containing two million submunitions during Operation Iraqi Freedom, according to the HRW.[33] At multiple times, coalition forces used cluster munitions in residential areas, and the country remains among the most contaminated to this day, bomblets posing a threat to both US military personnel in the area, and local civilians.[34]
When these weapons were fired on Baghdad on April 7, 2003 many of the bomblets failed to explode on impact. Afterward, some of them exploded when touched by civilians. USA Today reported that "the Pentagon presented a misleading picture during the war of the extent to which cluster weapons were being used and of the civilian casualties they were causing." On April 26, General Richard Myers, chairman of the Joint Chiefs of Staff, said that the US had caused only one civilian casualty.[35]
During the Israeli-Lebanese conflict in 1982, Israel used cluster munitions, many of them American-made, on targets in southern Lebanon. Israel also used cluster bombs in the 2006 Lebanon War.[36][37][38]
Two types of cluster munitions were transferred to Israel from the U.S. The first was the CBU-58 which uses the BLU-63 bomblet. This cluster bomb is no longer in production. The second was the MK-20 Rockeye, produced by Honeywell Incorporated in Minneapolis.[citation needed] The CBU-58 was used by Israel in Lebanon in both 1978 and 1982.[citation needed] The CBU-58 was used by Israel in Lebanon in both 1978 and 1982.[36] The Israeli Defense company Israel Military Industries also manufactures the more up-to-date M-85 cluster bomb.
Hezbollah fired Chinese-manufactured cluster munitions against Israeli civilian targets, using 122-mm rocket launchers during the 2006 war, hitting Kiryat Motzkin, Nahariya, Karmiel, Maghar, and Safsufa. A total of 113 rockets and 4,407 submunitions were fired into Israel during the war.[39][39][40]
According to the United Nations Mine Action Service, Israel dropped up to four million submunitions on Lebanese soil, of which one million remain unexploded.[41] According to a report prepared by Lionel Beehner for the Council on Foreign Relations, the United States restocked Israel's arsenal of cluster bombs, triggering a State Department investigation to determine whether Israel had violated secret agreements it had signed with the United States on their use.[41]
As Haaretz reported in November 2006, the Israel Defense Forces Chief of Staff Dan Halutz wanted to launch an investigation into the use of cluster bombs during the Lebanon war.[42] Halutz claimed that some cluster bombs had been fired against his direct order, which stated that cluster bombs should be used with extreme caution and not be fired into populated areas. The IDF apparently disobeyed this order.[42]
Human Rights Watch said there was evidence that Israel had used cluster bombs very close to civilian areas and described them as "unacceptably inaccurate and unreliable weapons when used around civilians" and that "they should never be used in populated areas."[43] Human Rights Watch has accused Israel of using cluster munitions in an attack on Bilda, a Lebanese village, on 19 July[44] which killed 1 civilian and injured 12, including seven children. The Israeli "army defended ... the use of cluster munitions in its offensive with Lebanon, saying that using such munitions was 'legal under international law' and the army employed them 'in accordance with international standards.'"[45] Foreign Ministry Spokesman Mark Regev added, "[I]f NATO countries stock these weapons and have used them in recent conflicts – in Yugoslavia, Afghanistan and Iraq – the world has no reason to point a finger at Israel."[46]
Georgia admitted using cluster bombs during the war, according to Human Rights Watch but stressed they were only used against military targets.[47] The Georgian army used LAR-160 multiple rocket launchers to fire MK4 LAR 160 type rockets (with M-85 bomblets) with a range of 45 kilometers the Georgian Minister of Defense (MoD) said.[48]
According to the Human Rights Watch, the Russian Air Force used RBK-250 cluster bombs during the conflict.[49] A high-ranking Russian military official denied use of cluster bombs.
It was reported in April 2011 that Colonel Gaddafi's forces had used cluster bombs in the conflict between government forces and rebel forces trying to overthrow Gaddafi's government, during the battle of Misrata[52] These reports were denied by the government, and the Secretary of State of the US,[53] Hillary Clinton said she was "not aware" of the specific use of cluster or other indiscriminate weapons in Misurata even though a New York Times investigation refuted those claims.[54] An ejection canister for a Type 314 A AV submunition, manufactured in France was found in Libya despite the fact that France is a party to the international convention that bans cluster munitions.[citation needed]
Syria, 2012
During the Syrian uprising, a few videos of cluster bombs first appeared in 2011, but escalated in frequency near the end of 2012.[55][56] As Human Rights Watch reported on October 13, 2012, "Eliot Higgins, who blogs on military hardware and tactics used in Syria under the pseudonym "Brown Moses", compiled a list of the videos showing cluster munition remnants in Syria's various governorates."[55][56] The type of bombs have been reported to be RBK-250 cluster bombs with AO-1 SCH bomblets (of Soviet design).[56] Designed by the Soviet Union for use on tank and troop formations, PTAB-2.5M bomblets were used on civilian targets in Mare' in December 2012 by the Syrian government.[57] According to the seventh annual Cluster Munition Report, there is ″compelling evidence″ that Russia has used cluster munitions during their involvement in Syria.[58]
South Sudan,
Cluster bombs remnants were discovered by a UN de-mining team in February 2014 on a section of road near the Jonglei state capital, Bor. The strategic town was the scene of heavy fighting, changing hands several times during the South Sudanese Civil War, which erupted in the capital Juba on 15 December 2013 before spreading to other parts of the country. According to the United Nations Mine Action Service (UNMAS), the site was contaminated with the remnants of up to eight cluster bombs and an unknown quantity of bomblets.[59]
Ukraine, 2014
Human Rights Watch reported that "Ukrainian government forces used cluster munitions in populated areas in Donetsk city in early October 2014."[60]
Yemen, 2015
Bri
British-supplied[61] and U.S.-supplied cluster bombs[62] have been used by Saudi Arabian-led military coalition against Houthi militias in Yemen, according to Human Rights Watch and Amnesty International.[63][64][65]
Saudi Arabia is not signatory to the Convention on Cluster Munitions.[66]
While all weapons are dangerous, cluster bombs pose a particular threat to civilians for two reasons: they have a wide area of effect, and they have consistently left behind a large number of unexploded bomblets. The unexploded bomblets can remain dangerous for decades after the end of a conflict. For example, while the United States cluster bombed Laos only until 1973, unexploded munitions continue to cause over 100 casualties per year to Laos civilians.[67]
Cluster munitions are opposed by many individuals and hundreds of groups, such as the
Cluster munitions are opposed by many individuals and hundreds of groups, such as the Red Cross,[68] the Cluster Munition Coalition and the United Nations, because of the high number of civilians that have fallen victim to the weapon. Since February 2005, Handicap International called for cluster munitions to be prohibited and collected hundreds of thousands of signatures to support its call.[69] 98% of 13,306 recorded cluster munitions casualties that are registered with Handicap International are civilians, while 27% are children.[70]
The area affected by a single cluster munition, known as its footprint, can be very large; a single unguided M26 MLRS rocket can effectively cover an area of 0.23 km2.[71] In US and most allied services, the M26 has been replaced by the M30 guided missile fired from the MLRS. The M30 has greater range and accuracy but a smaller area of coverage. It is worth noting that for reasons including both danger to civilians and changing tactical requirements, the non-cluster unitary warhead XM31 missile is, in many cases, replacing even the M30.
Because of the weapon's broad area of effect, they have often been documented as striking both civilian and military objects in the target area. This characteristic of the weapon is particularly problematic for civilians when cluster munitions are used in or near populated areas and has been documented by research reports from groups such as Human Rights Watch,[72] Landmine Action, Mines Action Canada and Handicap International. In some cases, like the Zagreb rocket attack, civilians were deliberately targeted by such weapons.[73]
The other serious problem, also common to explosive weapons is unexploded ordnance (UXO) of cluster bomblets left behind after a strike. These bomblets may be duds or in some cases the weapons are designed to detonate at a later stage. In both cases, the surviving bomblets are live and can explode when handled, making them a serious threat to civilians and military personnel entering the area. In effect, the UXOs can function like land mines.
Even though cluster bombs are designed to explode prior to or on impact, there are always some individual submunitions that do not explode on impact. The US-made MLRS with M26 warhead and M77 submunitions are supposed to have a 5% dud rate but studies have shown that some have a much higher rate.[74] The rate in acceptance tests prior to the Gulf War for this type ranged from 2% to a high of 23% for rockets cooled to −25 °F (−32 °C) before testing.[75] The M483A1 DPICM artillery-delivered cluster bombs have a reported dud rate of 14%.M26 warhead and M77 submunitions are supposed to have a 5% dud rate but studies have shown that some have a much higher rate.[74] The rate in acceptance tests prior to the Gulf War for this type ranged from 2% to a high of 23% for rockets cooled to −25 °F (−32 °C) before testing.[75] The M483A1 DPICM artillery-delivered cluster bombs have a reported dud rate of 14%.[76]
Given that each cluster bomb can contain hundreds of bomblets and be fired in volleys, even a small failure rate can lead each strike to leave behind hundreds or thousands of UXOs scattered randomly across the strike area. For example, after the 2006 Israel-Lebanon conflict, UN experts have estimated that as many as one million unexploded bomblets may contaminate the hundreds of cluster munition strike sites in Lebanon.[77]
In addition, some cluster bomblets, such as the BLU-97/B used in the CBU-87, are brightly colored to increase their visibility and warn off civilians. However, the yellow color, coupled with their small and nonthreatening appearance, is attractive to young children who wrongly believe them to be toys. This problem was exacerbated in the War in Afghanistan (2001–present), when US forces dropped humanitarian rations from airplanes with similar yellow-colored packaging as the BLU-97/B, yellow being the NATO standard colour for high explosive filler in air weapons. The rations packaging was later changed first to blue and then to clear in the hope of avoiding such hazardous confusion.
The US military is developing new cluster bombs that it claims could have a much lower (less than 1%) dud rate.[78] Sensor-fused weapons that contain a limited number of submunitions that are capable of autonomously engaging armored targets may provide a viable, if costly, alternative to cluster munitions that will allow multiple target engagement with one shell or bomb while avoiding the civilian deaths and injuries consistently documented from the use of cluster munitions. Certain such weapons may be allowed under the recently adopted Convention on Cluster Munitions, provided they do not have the indiscriminate area effects or pose the unexploded ordnance risks of cluster munitions.
In the 1980s the Spanish firm Esperanza y Cia developed a 120mm caliber mortar bomb which contained 21
The US military is developing new cluster bombs that it claims could have a much lower (less than 1%) dud rate.[78] Sensor-fused weapons that contain a limited number of submunitions that are capable of autonomously engaging armored targets may provide a viable, if costly, alternative to cluster munitions that will allow multiple target engagement with one shell or bomb while avoiding the civilian deaths and injuries consistently documented from the use of cluster munitions. Certain such weapons may be allowed under the recently adopted Convention on Cluster Munitions, provided they do not have the indiscriminate area effects or pose the unexploded ordnance risks of cluster munitions.
In the 1980s the Spanish firm Esperanza y Cia developed a 120mm caliber mortar bomb which contained 21 anti-armor submunitions. What made the 120mm "Espin" unique was the electrical impact fusing system which totally eliminated dangerous duds. The system operates on a capacitor in each submunition which is charged by a wind generator in the nose of the projectile after being fired. If for what ever reason the electrical fuse fails to function on impact, approximately 5 minutes later the capacitor bleeds out, therefore neutralizing the submunition's electronic fuse system.[79] Later a similar mortar round was offered in the 81mm caliber and equipped some Spanish Marine units. On signing the Wellington Declaration on Cluster Munitions, Spain withdrew both the 81mm and 120mm "Espin" rounds from its military units.
Countries and disputed territories (listed in italic) that have been affected by cluster munitions as of August 2019 include:[85]
- Afghanistan
- Angola
- Azerbaijan (mainly Nagorno Karabakh)
- Bosnia & Herzegovina
- Cambodia
- Chad
- Croatia
- Democratic Republic of the Congo
- Eritrea[86]
- Ethiopia[87]
- Germany
- Iran
- Iraq
- Laos
- Lebanon
- Libya
- Montenegro
- Serbia
- South Sudan
- Sudan
- Syria
- Tajikistan
- Ukraine
- United Kingdom (Falkland Islands)
- Vietnam
- Yemen
- Kosovo
- Western Sahara
As of August 2019, it is unclear, whether Colombia and Georgia are contaminated.[85] Albania, the Colombia and Georgia are contaminated.[85] Albania, the Republic of the Congo, Grenada, Guinea-Bissau, Mauritania, Mozambique, Norway, Zambia, Uganda, and Thailand completed clearance of areas contaminated by cluster munition remnants in previous years.[85]
International legislation
Erik Thorstvedt leads a Norwegian parade celebrating the effectuation of the Convention on Cluster Munitions, July 31, 2010. (Photo: Norsk Folkehjelp)Cluster bombs fall under the general rules of international humanitarian law, but were not specifically covered by any currently binding international legal instrument until the signature of the Convention on Cluster Munitions in December 2008. This international treaty stemmed from an initiative by the Government of Norway known as the Oslo Process which was launched in February 2007 to prohibit cluster munitions.[88] More than 100 countries agreed to the text of the resulting Convention on Cluster Munitions in May 2008 which sets out a comprehensive ban on these weapons. This treaty was signed by 94 states in Oslo on 3–4 December 2008. The Oslo Process was launched largely in response to the failure of the Convention on Certain Conventional Weapons (CCW) where five years of discussions failed to find an adequate response to these weapons.international humanitarian law, but were not specifically covered by any currently binding international legal instrument until the signature of the Convention on Cluster Munitions in December 2008. This international treaty stemmed from an initiative by the Government of Norway known as the Oslo Process which was launched in February 2007 to prohibit cluster munitions.[88] More than 100 countries agreed to the text of the resulting Convention on Cluster Munitions in May 2008 which sets out a comprehensive ban on these weapons. This treaty was signed by 94 states in Oslo on 3–4 December 2008. The Oslo Process was launched largely in response to the failure of the Convention on Certain Conventional Weapons (CCW) where five years of discussions failed to find an adequate response to these weapons.[89] The Cluster Munition Coalition (CMC) is campaigning for the widespread accession to and ratification of the Convention on Cluster Munitions.
A number of sections of the Protocol on explosive remnants of war (Protocol V to the 1980 Convention), 28 November 2003[90] occasionally address some of the problems associated with the use of cluster munitions, in particular Article 9, which mandates States Parties to "take generic preventive measures aimed at minimising the occurrence of explosive remnants of war". In June 2006, Belgium was the first country to issue a ban on the use (carrying), transportation, export, stockpiling, trade and production of cluster munitions,[91] and Austria followed suit on 7 December 2007.[4]
There has been legislative activity on cluster munitions in several countries, including Austria, Australia, Denmark, France, Germany, Luxembourg, Netherlands, Norway, Sweden, Switzerland, United Kingdom and United States. In some of t
A number of sections of the Protocol on explosive remnants of war (Protocol V to the 1980 Convention), 28 November 2003[90] occasionally address some of the problems associated with the use of cluster munitions, in particular Article 9, which mandates States Parties to "take generic preventive measures aimed at minimising the occurrence of explosive remnants of war". In June 2006, Belgium was the first country to issue a ban on the use (carrying), transportation, export, stockpiling, trade and production of cluster munitions,[91] and Austria followed suit on 7 December 2007.[4]
There has been legislative activity on cluster munitions in several countries, including Austria, Australia, Denmark, France, Germany, Luxembourg, Netherlands, Norway, Sweden, Switzerland, United Kingdom and United States. In some of these countries, ongoing discussions concerning draft legislation banning cluster munitions, along the lines of the legislation adopted in Belgium and Austria will now turn to ratification of the global ban treaty. Norway and Ireland have national legislation prohibiting cluster munitions and were able to deposit their instruments of ratification to the Convention on Cluster Munitions immediately after signing it in Oslo on 3 December 2008.
Other weapons, such as land mines, have been banned in many countries under specific legal instruments for several years, notably the Ottawa Treaty to ban land mines, and some of the Protocols in the Convention on Certain Conventional Weapons that also help clearing the lands contaminated by left munitions after the end of conflicts and provides international assistance to the affected populations. However, until the recent adoption of the Convention on Cluster Munitions in Dublin in May 2008 cluster bombs were not banned by any international treaty and were considered legitimate weapons by some governments.
To increase pressure for governments to come to an international treaty on November 13, 2003, the Cluster Munition Coalition (CMC) was established with the goal of addressing the impact of cluster munitions on civilians. At the launch, organised by Pax Christi Netherlands, the then Minister of Foreign Affairs, the later Secretary General of NATO, Jaap de Hoop Scheffer, addressed the crowd of gathered government, NGO, and press representatives.
International governmental deliberations in the Convention on Certain Conventional Weapons turned on the broader problem of explosive remnants of war, a problem to which cluster munitions have contributed in a significant way. There were consisten
To increase pressure for governments to come to an international treaty on November 13, 2003, the Cluster Munition Coalition (CMC) was established with the goal of addressing the impact of cluster munitions on civilians. At the launch, organised by Pax Christi Netherlands, the then Minister of Foreign Affairs, the later Secretary General of NATO, Jaap de Hoop Scheffer, addressed the crowd of gathered government, NGO, and press representatives.
International governmental deliberations in the Convention on Certain Conventional Weapons turned on the broader problem of explosive remnants of war, a problem to which cluster munitions have contributed in a significant way. There were consistent calls from the Cluster Munition Coalition, the International Committee of the Red Cross (ICRC) and a number of UN agencies, joined by approximately 30 governments, for international governmental negotiations to develop specific measures that would address the humanitarian problems cluster munitions pose. This did not prove possible in the conventional multilateral forum. After a reversal in the US position, in 2007 deliberations did begin on cluster munitions within the Convention on Certain Conventional Weapons. There was a concerted effort led by the US to develop a new protocol to the Convention on Certain Conventional Weapons, but this proposal was rejected by over 50 states, together with civil society, ICRC and UN agencies.[92] The discussions ended with no result in November 2011, leaving the 2008 Convention on Cluster Munitions as the single international standard on the weapons.[93]
In February 2006, Belgium announced its decision to ban the weapon by law. Then Norway announced a national moratorium in June and Austria announced its decision in July to work for an international instrument on the weapon. The international controversy over the use and impact of cluster munitions during the war between Lebanon and Israel in July and August 2006 added weight to the global campaign for a ban treaty.[94]
Against this background, a new flexible multilateral process similar to the process that led to the ban on anti-personnel land mines in 1997 (the Ottawa Treaty) began with an announcement in November 2006[95] in Geneva as well at the same time by the Government of Norway that it would convene an international meeting in early 2007 in Oslo to work towards a new treaty prohibiting cluster munitions. Forty-nine governments attended the meeting in Oslo February 22–23, 2007 in order to reaffirm their commitment to a new international ban on the weapon. During the meeting Austria announced an immediate moratorium on the use, production and transfer of cluster munitions until a new international treaty banning the weapons is in place.
A follow-up meeting in this process was held in Lima in May where around 70 states discussed the outline of a new treaty, Hungary became the latest country to announce a moratorium and Peru launched an initiative to make Latin America a cluster munition free zone.[96]
In addition, the ICRC held an experts meeting on cluster munitions in April 2007 which helped clarify technical, legal, military and humanitarian aspects of the weapon with a view to developing an international response.[97]
Further meetings took place in Vienna on 4–7 December 2007, and in
In addition, the ICRC held an experts meeting on cluster munitions in April 2007 which helped clarify technical, legal, military and humanitarian aspects of the weapon with a view to developing an international response.[97]
Further meetings took place in Vienna on 4–7 December 2007, and in Wellington on 18–22 February 2008 where a declaration in favor of negotiations on a draft convention was adopted by more than 80 countries. In May 2008 after around 120 countries had subscribed to the Wellington Declaration and participated in the Dublin Diplomatic Conference from 19 to 30 May 2008. At the end of this conference, 107 countries agreed to adopt the Convention on Cluster Munitions, that bans cluster munitions and was opened for signature in Oslo on December 3–4, 2008 where it was signed by 94 countries.[98][99][100]
In July 2008, United States Defense Secretary Robert M. Gates implemented a policy to eliminate by 2018 all cluster bombs that do not meet new safety standards.[101]
In November 2008, ahead of the signing Conference in Oslo,[102] the European Parliament passed a resolution calling on all European Union governments to sign and ratify the Convention.[103]
On 16 February 2010 Burkina Faso became the 30th state to deposit its instrument of ratification for the Convention on Cluster Munitions. This means that the number of States required for the Convention to enter into force had been reached. The treaty's obligations became legally binding on the 30 ratifying States on 1 August 2010 and subsequently for other ratifying States.[104]
Taking effect on August 1, 2010, the Convention on Cluster Munitions[105] bans the stockpiling, use and transfer of virtually all existing cluster bombs and provides for the clearing up of unexploded munitions. It had been signed by 108 countries, of which 38 had ratified it by the affected date, but many of the world's major military powers including the United States, Russia, Brazil and China are not signatories to the treaty.[106][107][108][109]
Ratifiers and signatories
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