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Questions and Answers about Cluster Bombs and the Cluster Munitions Civilian Protection Act
Questions
1. What are cluster bombs?
2. Why is FCNL concerned about them?
3. How does the Cluster Munitions Civilian Protection Act (S. 594) help?
4. Why worry about U.S. export of cluster bombs?
5. Why worry about U.S. use of cluster bombs?
6. Doesn’t the military need cluster bombs?
7. Aren’t there international rules outlawing the use of these weapons?
1. What are cluster bombs?
Cluster bombs — more technically called cluster munitions — open in mid-air
and spew hundreds of small bomblets about the size of a soda can over a wide
area. Each of
these sub-munitions is supposed to detonate when it
hits the ground,
sending out deadly shrapnel. A typical cluster bomb, which contains between dozens
and hundreds of
bomblets, can kill or injure anyone in an area the size of one or
two football fields. Cluster bombs are delivered by artillery or aircraft.
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2. Why is FCNL concerned about them?
These weapons are designed to be used on a battlefield, against concentrations
of soldiers or armored vehicles, but are often used in
civilian areas instead. This use
violates international
humanitarian law’s prohibition on indiscriminate attacks.
In addition, many
of
the bomblets — between 5 to 25 percent or more — do not
explode as
intended,
becoming de facto landmines for many years to come.
Because of these
weapons’ double impact – causing casualties during a conflict
and long after the
conflict has subsided – cluster munitions are one of the most
hazardous weapons
to civilians used in wars today. Recent estimates suggest
that 98 percent of cluster
bomb casualties are civilians, many of them children.
See a report from Handicap
International for more details (PDF).
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3. How does the Cluster Munitions Civilian Protection Act (S. 594) help?
This common-sense bill would
1. prevent the U.S. military from using cluster bombs
in civilian-populated areas;
2. prevent the export of cluster bombs for use in
civilian-populated areas; and
3. restrict all U.S. use and exports of cluster
bombs except those that have a very
low (1 % or lower) dud rate. The dud
rate describes what fraction of bomblets
failed to explode. While it may sound
like the dud-rate requirement provides a
technical loophole, the bill is a de facto
ban on cluster bomb use and export
because less than 0.1% of cluster bombs in the U.S. arsenal
meet this requirement.
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4. Why worry about U.S. export of cluster bombs?
The United States has exported or transferred cluster munitions to
at least 29
other states. See a map of these states. U.S.-produced cluster bombs
were used most recently
by Israel during its conflict with Hezbollah fighters
in Lebanon in 2006. The most
recent reports indicate that 285 people were
killed by cluster bombs during
the conflict and unexploded bomblets have caused an additional 250 casualties in Lebanon since fighting ended. An estimated
one million
unexploded cluster bombs continue to endanger civilians in
Lebanon. U.S.-produced
cluster bombs have also reportedly been used by Moroccan
forces in Western Sahara and possibly by Colombian forces in Colombia.
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5. Why worry about U.S. use of cluster bombs?
Since World War II, U.S. armed forces have fired cluster bombs in Afghanistan,
Cambodia, Iraq, Kuwait, Laos, Saudi Arabia, Vietnam, and the former Yugoslavia. In
Laos alone, thousands of civilians, many of them children or subsistence farmers, have lost their lives or limbs to these deadly weapons. In Iraq, there have been more than 4,000
casualties.
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6. But doesn’t the military need cluster bombs?
No. Cluster bombs were designed to attack large vehicle and troop formations. They
were not designed for the type of insurgent-based conflicts we see today.
They simply aren’t precise
enough to be useful in modern warfare. Many cluster
bombs in stockpiles are also
nearing the end of their storage life and will become
dangerous to use.
Cluster bomb use can also be counterproductive. Duds both constrain and endanger
troops on the ground. Reports after the Gulf War, Kosovo, Afghanistan, and Iraq
cite the negative impact of cluster bombs on both friendly forces and peacekeepers.
In counterinsurgencies, stiff restrictions on cluster bombs would, if anything, help the
effort of U.S. commanders. Since counter-insurgency is an effort to win hearts and
minds, a commander who uses cluster bombs in a built-up
area (where insurgent meets counter-insurgent in the contest to control or at least
influence the population’s allegiance) has already lost the battle and probably the 'war.'
Don't believe us? Members of the military agree.
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7. Aren’t there international rules outlawing the use of these weapons?
Yes and no. More than half the world agreed to ban cluster bombs following treaty negotiations in May, 2008. While this treaty does establish a strong international norm against continued use, production and export of cluster bombs, the treaty cannot place restrictions on countries that choose not to participate.
The U.S. did not attend treaty negotiations and has lobbied allies not to sign the treaty. Thus, the U.S. is not required to comply with its terms. However, the norm established by the treaty does put pressure on the U.S. to move toward a cluster bomb ban.
In July, the Pentagon released a new cluster bomb policy as a result of this pressure. While the policy acknowledged the need to eventually ban cluster bombs, it would not do so until 2018. At FCNL, we find this policy to be unacceptable; the time for a ban on cluster bombs is now.
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