Factchecking Congress on Cluster Munitions (pt 1)

By Lauren Evans | October 23, 2024

The House passed the annual military policy bill (the National Defense Authorization Act or NDAA) for Fiscal Year 2025 (H.R. 8070) in June. During the weeks of debate, and dozens of votes on this massive legislative package that authorized the Pentagon to spend $895 billion, were two amendments prohibiting the sale or transfer of cluster munitions, led by Reps. Matt Gaetz (FL-1), Sara Jacobs (CA-51), Dina Titus (NV-1), and Ilhan Omar (MN-5). Later that month, Reps. Titus, Troy Nehls (TX-22), and Rick Crawford (AR-1) offered a separate amendment to the annual military spending bill (H.R. 8774), which would also have prohibited the sale or transfer of cluster munitions.   

Throughout the debate over this issue, many members of Congress spoke about cluster munitions, with varying degrees of accuracy. Here, we will separate the myths from the facts about the use and transfer of cluster munitions. There are so many that we need to tackle this in two parts, so check out part 2 here. Some of the quotes have been edited for brevity.

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Myths and Facts

Cluster munitions kill a disproportionate number of civilians

Rep. Gaetz: “Cluster munition attacks killed or wounded around a thousand people in 2022 of whom 890 were in Ukraine and 95% of whom were civilians…”

Rep. Jacobs: “Studies have shown that two-thirds of those who are killed are children…”

 FACT – The vast majority of victims of cluster munitions – both during conflict and after the fighting has ended – are civilians. Cluster munition attacks and remnants are particularly devastating for children. In 2022, civilians represented 95% of all cluster munition casualties, and children alone accounted for 71% of this total. This number of child casualties is rising, up from 44% of victims in 2020.

The US is an outlier

Rep. Gaetz: “The civilized world has stopped producing and transmitting cluster munitions. The United States is an outlier in this respect.”

Rep. Jacobs: “Most NATO members have signed onto the convention on cluster munitions. […] I don’t think any amount of guardrails for cluster munitions are enough.”

Rep. Ro Khanna (CA-17): “There were 123 countries in Geneva recently […] and they issued a rebuke to three countries: to Russia, to Ukraine, and to the United States of America. Now, I am all for defending Ukraine, and I have voted for aid, but not at any price, not at any cost, not at the moral credibility of the United States of America.”

 FACT – There are 112 States Parties and 12 signatories to the Convention on Cluster Munitions; the U.S. and Ukraine keep bad company with Russia, Syria, and Myanmar as the only recent users of cluster munitions. The continued use and transfer of these immoral weapons damage the reputation of the U.S. in the eyes of close allies. Countries such as Germany, France, Spain, and the United Kingdom – all members of the Convention – have shared their humanitarian concerns over the weapons and continued stance against the use of cluster munitions anywhere in the world. Steps toward normalizing these weapons roll back the substantial progress made to ban them over the last decade and a half.

The U.S. might need them in the future

Rep. Carlos Gimenez (FL-28): “U.S. cluster munitions in the current inventory have less than a 3% dud rate and are essential for future conflict.”

Rep. Rob Wittman (VA-1): “If there was a worldwide agreement where everybody agreed not to use these weapons, it would make sense for the United States to do that. Other than that, this takes away a tool that, despite high dud rates, certainly has an impact.”

Rep. Mike Rogers (AL-3): “Cluster munitions are essential in a potential conflict with North Korea.”

 MYTH – Cluster munitions and anti-personnel landmines are not “essential” but are internationally-banned, indiscriminate and immoral weapons. The global consensus, codified in the Convention on Cluster Munitions in 2008, is supported by the majority of states (124). Rather than doubling down on these horrific weapons for use in future wars, the U.S. should prioritize diplomatic efforts on the Korean Peninsula and around the world to prevent and resolve violent conflict.

Further, based on publicly available reporting, U.S. cluster munitions sent to Ukraine are more than 20 years old with a notoriously high dud rate. These munitions often fail at rates of more than 14% and a number of factors (including environment, age of munition, air temperature, vegetation, and more) contribute to even higher operational dud rate. This means that more of these munitions will be left behind after conflict ends, posing a great danger to any unsuspecting person who may walk through the area.  

The Biden administration has failed to respond to calls from civil society groups to provide details on specific types, quantities, or dud rates of cluster munitions sent to Ukraine. Officials have not explained how the “less than 3%” dud rate figure was reached.

Impact on American servicemembers

Rep. Crawford: “Cluster munitions do kill innocent civilians, but they also are incredibly deadly to U.S. personnel as well […] Through programs like the Humanitarian Research and Demining program and Humanitarian Mine Action, the U.S. Department of Defense sends highly skilled EOD personnel to provide demining assistance to partner nations post-conflict […] On my last visit to the EOD Memorial Wall at Eglin Air Force Base, I reread the names of 344 fallen EOD technicians. If we don’t support the cluster munitions prohibition, we will be adding more names to that wall.”

 FACT –  Mine clearance workers, including explosive ordnance disposal (EOD) personnel, face the potential for injury or death during clearance operations. The U.S. is the world’s leading financial supporter of conventional weapons destruction (including landmines and other explosive remnants of war), and U.S. clearance operatives are active across the world to help clear these dangerous weapons and make land safe again. No one, including highly skilled U.S. EOD servicemembers, should be forced to face hard-to-detect, indiscriminate weapons that are the direct result of U.S. actions or policies. Despite global progress towards clearance, new contamination in countries using cluster munitions means that we will need to wait longer for a cluster munition-free world.

Check out part 2 for more myths and facts about cluster munitions.

Lauren Evans

Lauren Evans

Advocacy Teams Campaign Consultant

Lauren Evans is FCNL’s Advocacy Teams campaign consultant. She supports teams around the country by providing assistance with policy questions, creating campaign materials, and supporting Communicator Calls.