convention on cluster munitions
Bipartisan House Amendment to Ban US Cluster Bomb Exports Fails
"The legacy of cluster bombs is misery, death, and expensive cleanup after generations of use," said Rep. Betty McCollum. "These weapons should be eliminated from our stockpiles."
The U.S. House of Representatives on Wednesday rejected a bipartisan amendment to the 2024 military spending bill that would have prohibited the transfer of cluster munitions—which are banned under a treaty ratified by more than 100 nations but not the United States—to any country.
The House voted 160-269 on the amendment to next year's National Defense Authorization Act co-sponsored by Reps. Sarah Jacobs (D-Calif.), Matt Gaetz (R-Fl.), Ilhan Omar (D-Minn.), Pramila Jayapal (D-Wash.), and Jim McGovern (D-Mass.). Seventy-five Democrats voted for the measure, while 137 voted "no"; 85 GOP lawmakers approved the amendment while 132 opposed it.
The vote took place less than a week after U.S. President Joe Biden said the United States would send more cluster munitions to Ukraine.
"Many of us have this idea of American exceptionalism, that America is set apart from the rest of the world. Well, that's certainly true when it comes to cluster munitions and not in the way that we want," Jacobs said on the House floor before Wednesday's vote.
"America is an outlier. We are one of the few countries that hasn't become party to the Convention on Cluster Munitions, and that is a grave mistake," she asserted, referring to a landmark 2008 treaty, to which 112 nations are parties.
Jacobs continued:
These weapons maim and kill indiscriminately. In 2021, the Landmine and Cluster Munition Monitor found that over 97% of casualties from cluster bomb remnants were civilians, and two-thirds of those were children. That's because these bomblets are small, colorful, and interesting shapes, so to children they look like toys. So when kids find these unexploded bomblets stuck in trees, or in the water, or simply on the ground and try to pick them up and play with them, they could lose a limb or their life in the blink of an eye.... These weapons are unpredictable, and the human cost is far too high to justify.
Since the end of the Vietnam War half a century ago, unexploded cluster munitions have killed approximately 20,000 civilians in Laos, where the U.S. dropped more bombs than all sides in World War II combined. The U.S. rained as many as 270 million cluster bombs on Laos, and less than 1% of the unexploded bomblets have been cleared since. They are still killing civilians today.
"These cluster bombs are indiscriminate," Gaetz said on the House floor Wednesday. "They've killed tens of thousands of people... and when this is all done, we'll be right back here on the floor appropriating money to de-mine the cluster bombs that we're now sending, which seems ludicrous to me."
"These cluster bombs are indiscriminate. They've killed tens of thousands of people."
Since Vietnam, the U.S. has used cluster bombs in wars including the 1999 NATO air campaign against Yugoslavia; the 1991 Desert Storm war in Iraq and Kuwait; and in Afghanistan, Iraq, and Yemen during the so-called War on Terror. U.S. cluster munitions have been linked to birth defects, miscarriages, cancers, and other ailments.
Earlier this year, the U.S. began sending artillery-fired cluster munitions to Ukraine. Russian invaders and Ukrainian homeland defenders have both killed and wounded soldiers and civilians with cluster bombs during the war.
"The decision by the Biden administration to transfer cluster munitions to Ukraine in my opinion was unnecessary and a sad mistake," McCollum told her House colleagues Wednesday. "The legacy of U.S. cluster munitions... undermines our moral authority and places the U.S. in a position that directly contradicts 23 of our NATO allies who have joined the Convention on Cluster Munitions."
"The legacy of cluster bombs is misery, death, and expensive cleanup after generations of use," McCollum added. "These weapons should be eliminated from our stockpiles."
"Sending these weapons anywhere makes us complicit in unavoidable civilian harm and creates blowback that undermines our national security."
Last week, Biden informed Ukrainian President Volodymyr Zelenskyy that the United States will provide Kyiv with long-range missiles with cluster munition warheads.
"Let's be clear," Jacobs added. "This isn't about one country, this is not about Ukraine. This is about protecting civilian lives and ensuring our national security all over the world. Because sending these weapons anywhere makes us complicit in unavoidable civilian harm and creates blowback that undermines our national security."
Multiple efforts by lawmakers to ban the export of U.S. cluster munitions have failed to advance. Earlier this year, the GOP-controlled House Rules Committee voted down a resolution proposed by Omar and Jacobs (D-Calif.), while backing another led by Rep. Marjorie Taylor Greene (R-Ga.)—whose controversial sponsorship doomed the proposal.
As US Sends Cluster Munitions to Ukraine, Three More Countries Destroy Stockpiles
Nobel laureate Mary Wareham admonished nonsignatories to the Convention on Cluster Munitions to join "without delay" as Bulgaria, Slovakia, and South Africa said they have dismantled their arsenals.
As the U.S. gives cluster bombs to Ukraine—and as the Biden administration reportedly moves to send longer-range missiles armed with them to Kyiv—three nations this week said they've finished destroying their stockpiles of the internationally banned weapons amid renewed calls for more countries to join the Convention on Cluster Munitions.
The 11th meeting of parties to the 2008 Convention on Cluster Munitions (CCM), to which 112 nations are party, wrapped up Thursday in Geneva on a high note as Bulgaria, Slovakia, and South Africa announced that they have completed the destruction of a combined 9,582 bombs and 585,422 bomblets. South Africa is the only country that once possessed but gave up both nuclear weapons and cluster bombs.
"Countries that have joined the Convention on Cluster Munitions have repeatedly demonstrated their commitment to destroy their stockpiles, clear remnants, and oppose the weapon's use," said Human Rights Watch acting arms director Mary Wareham, who played a key role in the CCM's success.
"The main concern remains with countries unwilling to ban the weapon that may continue to use them now or start using them in the future," added Wareham, who was also jointly awarded the 1997 Nobel Peace Prize for her work with the International Campaign to Ban Landmines.
As Common Dreams reported earlier this month, the refusal of countries including Russia, Ukraine, and the United States to end the use and transfer of cluster munitions caused nearly 1,000 civilian casualties last year.
"Countries that have not banned cluster munitions should heed the call of the United Nations secretary-general and join the convention without delay," Wareham asserted.
A youth contingent of the advocacy group Mine Action Fellows, members of which attended the Geneva meeting, said in a statement that "while we have much to celebrate, we cannot ignore the harm done by states not party and the escalation in deaths from cluster munitions."
"Producing, using, and transferring cluster munitions by any actor, under any circumstance is unacceptable," the group added. "We call for an immediate stop to the transfer and use of this indiscriminate weapon."
The remarks from Wareham and Mine Action Fellows came as the Biden administration is reportedly close to approving the shipment of longer-range ballistic missiles armed with cluster munitions to Ukrainian forces defending their country from a 19-month Russian invasion. This, after the U.S. began sending 155mm artillery shells to Kyiv earlier this summer. Russian and Ukrainian forces have both killed and wounded soldiers and civilians with cluster bombs during the war.
Earlier this month, the U.S. also started sending Ukraine depleted uranium munitions, which have been linked to birth defects, miscarriages, and cancers after their use by U.S. forces in Iraq and Yugoslavia.
Multiple congressional efforts to prohibit the export of U.S. cluster munitions to any country have failed to advance. Earlier this summer, the Republican-controlled House Rules Committee voted down a resolution proposed by Reps. Ilhan Omar (D-Minn.) and Sara Jacobs (D-Calif.), while backing a new one led by Rep. Marjorie Taylor Greene (R-Ga.)—whose controversial sponsorship doomed the measure.
The latest effort to thwart the transfer of cluster bombs is an amendment spearheaded by Jacobs and Rep. Matt Gaetz (R-Fla.), with Reps. Jesús "Chuy" García (D-Ill.), Barbara Lee (D-Calif.), Thomas Massie (R-Ky.), Jim McGovern (D-Mass.), Andrea Salinas (D-Ore.), Rashida Tlaib (D-Mich.), and Jill Tokuda (D-Hawaii) as co-sponsors.
"Sending cluster munitions anywhere in the world makes the United States complicit in the unavoidable and inevitable civilian harm that follows," Jacobs toldThe Intercept on Thursday. "No amount of guardrails or promised precautions are enough because these weapons are unpredictable and maim and kill indiscriminately—potentially years after their intended use."
Claiming that the U.S. "has a strong reputation for upholding human rights around the world," Jacobs added that "that message is muddied when we're willing to send these weapons that are infamous for the carnage they cause."
Since the end of the Vietnam War, unexploded cluster munitions—which can look like inviting toys to children who find them—have killed approximately 20,000 civilians in Laos, where the U.S. dropped more bombs than all sides in World War II combined. The U.S. dropped as many as 270 million cluster bombs on Laos, and less than 1% of the unexploded bomblets have been cleared since. They are still killing civilians to this day.
Cluster Bombs Killed, Wounded Nearly 1,000 Civilians in 2022 as 73 Countries Refused to Join Global Ban
"It's unconscionable that civilians are still dying from cluster munition attacks 15 years after these weapons were outlawed," said one advocate.
The refusal of countries including Russia, Ukraine, and the United States to end the use and transfer of cluster munitions caused nearly 1,000 civilian deaths and injuries in 2022, according to the latest international report on the use of the widely banned weapons.
In the Cluster Munition Monitor 2023 reporton Tuesday, a coalition including Human Rights Watch (HRW), Humanity & Inclusion, and the Colombian Campaign to Ban Landmines reported that cluster munitions killed or wounded at least 1,172 people last year.
Nearly 1,000 people were killed or injured by cluster bomb attacks—including 890 in Ukraine, which has been under invasion by Russia since February 2022—while at least 185 people were killed or wounded by the remnants of cluster munitions.
Cluster munitions explode in the air after being fired by rockets or aircraft and can disperse numerous submunitions across a wide area, creating de facto landmines in residential neighborhoods and other places frequented by civilians and making the bombs deadly for years after they initially explode.
The "immediate and long-term civilian harm and suffering" caused by cluster munitions are the reason they have been banned by 112 countries that have ratified the 2008 Convention on Cluster Munitions, said Mary Wareham, arms advocacy director at HRW.
"It's unconscionable that civilians are still dying from cluster munition attacks 15 years after these weapons were outlawed," she said in a statement.
Twelve additional countries have signed the convention, signaling a willingness to abide by its ban on the use, production, stockpiling, or transfer of cluster munitions.
More than 70 countries, however, have yet to sign onto the agreement, leaving civilians in countries including Ukraine, Myanmar, and Syria in danger of the bombs.
In 2022, the remnants of cluster munitions killed or maimed civilians in Azerbaijan, Iraq, Laos, Lebanon, Syria, Ukraine, and Yemen, with 71% of the casualties recorded among children, who sometimes mistake unexploded ordnance for harmless metal balls and pick them up to play with them.
There were no new cluster bomb attacks in Iraq in 2022, but 15 people were killed by their remnants and 25 were wounded, according to HRW. Ninety people were wounded by remnants in Yemen, where there were also no new attacks, and five were killed.
"This weapon must be stopped," said Beatrice Fihn, former executive director of the International Campaign to Abolish Nuclear Weapons, after HRW's study was released.
According to HRW's report, Russia used old stockpiles of cluster munitions as well as new weapons in 2022 and the first half of this year. This past July, the U.S. began transferring to Ukraine cluster munitions that have a 6%-14% rate of delivering unexploded ordnance.
HRW says that the progress made by countries that have ratified the Convention on Cluster Munitions suggests that casualties caused by the bombs would be drastically reduced if the U.S. and other countries signed the treaty.
"The greatest obstacle to countries working to eradicate cluster munitions are governments that are unwilling to join the convention and that undermine its principles by using or transferring the weapon," Wareham said. "Overall, countries that have banned cluster munitions are making steady progress to destroy their stockpiles and clear contaminated areas, despite wide-ranging challenges."
There have been no confirmed reports of new use, production, or transfers of cluster munitions by any of the countries that have ratified the agreement.
State parties that have signed onto the treaty have collectively destroyed 99% of their cluster bomb stockpiles, amounting to 1.47 million munitions and 178.5 million submunitions.
Bulgaria destroyed the last of its stockpile in June, and Belgium destroyed 95% of its munitions in 2022. Eleven countries have retained live cluster munitions "for permitted research and training purposes," according to HRW.
"Cluster munitions are widely stigmatized weapons for ethical, legal, and humanitarian reasons," Wareham said. "Governments that buck the stigma against cluster munitions should reconsider their position in light of the terrible harm these weapons cause and join the international ban."