For more information, please contact Rebecca Abou-Chedid, AAI Director of Government Relations at (202) or

Transcription

1 Support the Cluster Munitions Civilian Protection Act of 2007 On February 15, Senators Dianne Feinstein (D-CA) and Patrick Leahy (D-VT) introduced the Cluster Munitions Civilian Protection Act of 2007 (S. 594), a bill to "restrict the use, sale, or transfer of cluster bombs that pose unacceptable risk to civilians." Cluster bombs are controversial because they kill indiscriminately and leave thousands of unexploded bomblets which can detonate long after a conflict is over, placing civilians in extreme danger. The bomb's "dud rate" indicates the percentage of bomblets that fail to detonate, essentially becoming landmines. On March 29, Representatives James McGovern (D-MA), Betty McCollum (D-MN), and Darrell Issa (R-CA) introduced the Cluster Munitions Civilian Protection Act of 2007 (H.R. 1755), the companion bill to S The bill would: Prohibit US funds from being spent on bombs with a dud rate of more than 1% (this provision includes a presidential national security waiver); Ban the use of cluster bombs "where civilians are known to be present or in areas normally inhabited by civilians"; When cluster bombs are used, a plan for their clean-up must be submitted to Congress within 30 days. Discussion points: According to the United Nations, there are more than 100,000 unexploded cluster bombs at 359 sites in southern Lebanon with Israel dropping 90 percent of them in the final days of the conflict. "The U.N. estimated that Israel dropped as many as 4 million bomblets in southern Lebanon during last year s war with Hezbollah, with as many 40 percent failing to explode on impact." (Source: Associated Press) The UN Mine Action Coordination Center reports that, as of February 28, 22 Lebanese civilians have been killed and 168 injured, (these statistics include 7 deaths and 63 injuries of children under the age of 18). The State Department reported in January 2007 that Israel's use of American-made cluster bombs may have violated the Arms Export Control Act According to the Cluster Munition Coalition, countries that have been affected by cluster bombs include: Afghanistan, Iraq, Kuwait, Laos, Sierra Leone, Sudan, and Vietnam. For more information, please contact Rebecca Abou-Chedid, AAI Director of Government Relations at (202) or rabouchedid@aaiusa.org

2 Cluster Munitions Civilian Protection Act of 2007 (Introduced in Senate) S 594 IS 110th CONGRESS 1st Session S. 594 To limit the use, sale, and transfer of cluster munitions. IN THE SENATE OF THE UNITED STATES February 14, 2007 Mrs. FEINSTEIN (for herself, Mr. LEAHY, Mr. SANDERS, and Ms. MIKULSKI) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To limit the use, sale, and transfer of cluster munitions. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Cluster Munitions Civilian Protection Act of 2007'. SEC. 2. LIMITATION ON THE USE, SALE, OR TRANSFER OF CLUSTER MUNITIONS. No funds appropriated or otherwise available to any Federal department or agency may be obligated or expended to use, sell, or transfer any cluster munitions unless-- (1) the submunitions of the cluster munitions have a 99 percent or higher functioning rate; (2) the policy applicable to the use, or the agreement applicable to the sale or transfer, of such cluster munitions specifies that the cluster munitions will only be used against clearly defined military targets and will not be used where civilians are known to be present or in areas normally inhabited by civilians; and (3) not later than 30 days after such cluster munitions are used, the President submits to the appropriate congressional committees a plan, including estimated costs, for cleaning up any such cluster munitions and submunitions which fail to explode and continue to pose a hazard to civilians that is prepared, as applicable--

3 SEC. 3. PRESIDENTIAL WAIVER. (A) by the head of such Federal department or agency in the event such cluster munitions are to be used by the United States Government; or (B) by the government of the country to which the United States Government sold or transferred such cluster munitions. The President may waive the requirement under section 2(1) if, prior to the use, sale, or transfer of cluster munitions, the President-- (1) certifies that it is vital to protect the security of the United States; and (2) not later than 30 days after making such certification, submits to the appropriate congressional committees a report, in classified form if necessary, describing in detail-- (A) the steps that will be taken to protect civilians; and (B) the failure rate of the cluster munitions that will be used, sold, or transferred and whether such munitions are fitted with self-destruct or self-neutralization devices. SEC. 4. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED. In this Act, the term `appropriate congressional committees' means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. COSPONSORS(5), ALPHABETICAL [followed by Cosponsors withdrawn]: date) (Sort: by Sen Cantwell, Maria [WA] - 3/21/2007 Sen Kennedy, Edward M. [MA] - 2/27/2007 Sen Leahy, Patrick J. [VT] - 2/14/2007 Sen Mikulski, Barbara A. [MD] - 2/14/2007 Sen Sanders, Bernard [VT] - 2/14/2007

4 Cluster Munitions Civilian Protection Act of 2007 (Introduced in House) HR 1755 IH 110th CONGRESS 1st Session H. R To limit the use, sale, and transfer of cluster munitions. IN THE HOUSE OF REPRESENTATIVES March 29, 2007 Mr. MCGOVERN (for himself, Ms. MCCOLLUM of Minnesota, and Mr. ISSA) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To limit the use, sale, and transfer of cluster munitions. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Cluster Munitions Civilian Protection Act of 2007'. SEC. 2. FINDINGS. Congress finds the following: (1) Cluster munitions pose grave dangers to civilian populations because of their wide area effects and the large number of active duds which are triggered indiscriminately like landmines. (2) Tens of thousands of civilians have been killed and injured by cluster munitions in more than 20 countries. (3) At least 34 countries have produced cluster munitions and at least 75 countries stockpile cluster munitions containing billions of submunitions. (4) On February 23, 2007, 47 countries committed to conclude by 2008 a new legally binding instrument that will prohibit the use, production, transfer and stockpiling of cluster munitions that cause unacceptable harm to civilians.

5 (5) In January 2001, the Department of Defense stated that in the future it would purchase only cluster munitions with a 99 percent or higher functioning rate. (6) In view of the growing problems caused by cluster munitions for civilian populations during and after conflicts, as well as the proliferation of these indiscriminate weapons, the United States should play a leadership role in addressing this problem by ensuring that cluster munitions used, sold, or transferred by the United States have a 99 percent or higher functioning rate and are subject to strict controls to prevent unacceptable harm to civilians. SEC. 3. LIMITATION ON THE USE, SALE, OR TRANSFER OF CLUSTER MUNITIONS. No funds appropriated or otherwise available to any Federal department or agency may be obligated or expended to use, sell, or transfer any cluster munitions unless-- (1) the submunitions of the cluster munitions have a 99 percent or higher functioning rate; (2) the policy applicable to the use, or the agreement applicable to the sale or transfer, of such cluster munitions specifies that the cluster munitions will only be used against clearly defined military targets and will not be used where civilians are known to be present or in areas normally inhabited by civilians; and (3) not later than 30 days after such cluster munitions are used, the President submits to the appropriate congressional committees a plan, including estimated costs, for cleaning up any such cluster munitions and submunitions which fail to explode and continue to pose a hazard to civilians that is prepared, as applicable-- (A) by the head of such Federal department or agency in the event such cluster munitions are to be used by the United States Government; or (B) by the government of the country to which the United States Government sold or transferred such cluster munitions. SEC. 4. PRESIDENTIAL WAIVER. The President may waive the requirement under section 3(1) if, prior to the use, sale, or transfer of cluster munitions, the President-- (1) certifies that it is vital to protect the security of the United States; and (2) not later than 30 days after making such certification, submits to the appropriate congressional committees a report, in classified form if necessary, describing in detail-- (A) the steps that will be taken to protect civilians; and (B) the failure rate of the cluster munitions that will be used, sold, or transferred and whether such munitions are fitted with self-destruct or self-neutralization devices.

6 SEC. 5. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED. In this Act, the term `appropriate congressional committees' means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. COSPONSORS(2), ALPHABETICAL [followed by Cosponsors withdrawn]: date) (Sort: by Rep Issa, Darrell E. [CA-49] - 3/29/2007 Rep McCollum, Betty [MN-4] - 3/29/2007

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12 A Million Unexploded Cluster Bomblets: The Deadly Legacy of Israel's Assault on Lebanon Report from Lebanon by George T. Cody, Ph.D. Executive Director, American Task Force for Lebanon December 10, 2006 "Israel Defense Forces Chief of Staff Dan Halutz plans to appoint a major general to investigate the use of cluster bombs some of which were fired against his order during the Lebanon war. Halutz ordered the IDF to use cluster bombs with extreme caution and not to fire them into populated areas. Nonetheless, it did so anyway, primarily using artillery batteries and the Multiple Launch System (MRLS). IDF artillery, MLRS and aircraft are thought to have delivered thousands of cluster bombs, containing a total of some 4 million bomblets during the war." Ha'aretz (Israeli daily newspaper), November 20, 2006 On my ten-day trip to Lebanon, I learned that the "very high price" that Israel imposed on Lebanon is still being paid. Lebanese civilians, many of them children, continue to be killed and maimed by unexploded Israeli cluster bomblets a million of them which Israel fired during the summer war with Hezbollah. Here is some of what I learned on my trip: Unexploded Ordnance Left by Israel: Where is the Accountability? In the summer war Israel dropped an estimated 1.2 to 4 million cluster "bomblets" on Lebanon from rockets, artillery, and airplanes. The UN estimates that Israel fired 90 percent of those munitions in the last 72 hours of the conflict, when Israel knew that a ceasefire (UN Security Council Resolution 1701) was imminent.

13 The United Nations estimates a 30% to 40% actual failure rate for cluster bomblets in Lebanon, leaving them to kill and maim innocent Lebanese. According to officials I spoke to at the Mine Action Coordination Centre of South Lebanon (MACC-SL), the UN agency responsible for removing unexploded ordnance in Lebanon, 23 people have been killed and another 136 injured from unexploded ordnance in Lebanon since August 14, when hostilities ended. As of November 29, MACC-SL has identified 824 cluster bomb locations in the south, and with the help of UNIFIL engineers and the Lebanese Armed Forces, they have cleared 78,738 unexploded bomblets (about 8% of the total). As MACC-SL spokeswoman Dalya Farran told me, however, not one of the 824 bomb-strewn sites has been fully cleared yet. What are cluster munitions? Cluster munitions are bombs or rockets that contain 200 to 600 smaller bombs, or "bomblets," that are designed to scatter over a wide area when the larger bomb is detonated. Bomblets are typically the size of a soda can or a D-cell battery and are designed to explode soon after impact. But not all of them do. Instead, unexploded bombs often litter the target area silent and nondescript until picked up by a child, kicked by a passerby, or stepped on by an unsuspecting farmer or grazing animal. They are hidden killers. Who clears the bomblets? How is it done? On October 28th, I met with officials at the MACC-SL office in Tyre. They escorted me to a banana grove near

14 Ismaieyeh and introduced me to the eight-person UN Battle Area Clearance (BAC) team responsible for clearing the unexploded cluster bomblets scattered throughout the site. Unexploded bomblets are detonated by hand or by special charges that are placed next to the ordnance and then exploded. One of the big problems is obtaining enough explosives to detonate bomblets in the field. The explosives are imported in bulk but are not manufactured quickly enough to meet the need. The UN officials then escorted me within inches of "live" cluster bombs that had been marked and surrounded by sand bags for later detonation. (See the photo at right.) How extensive is the damage? According to the United Nations, the cluster bomb contamination in Lebanon is the worst ever seen, worse than the contamination in Kosovo, Afghanistan, and Iraq. The reason for this is the sheer volume of cluster bombs dropped on a "postage stamp" size country like Lebanon. There will be a residual landmine and unexploded ordnance problem in Lebanon for years to come. Seventy percent of south Lebanon's economy is based on agriculture, mostly tobacco, olives, bananas, citrus fruit and melons. Farmers cannot tend their fields because the bombing and shelling have destroyed crops, and they cannot plant spring crops because the fields and orchards are still contaminated by unexploded cluster bombs. It has taken 3 months to locate and clear about 8% of the total estimated bomblets. About 32,000,000 square meters of land in Lebanon are currently contaminated. It will take 50 Battle Area Clearance (BAC) teams, from the current 38 teams (10-15 persons per team), working 20 days per month, almost a year to clear and "break the back" of the cluster bomb problem to the point where killing will stop and agricultural production can resume. The above clearing plan depends on adequate funding. The program will be short $7 million to $8 million, with current outlays expected to run out in mid-2007, unless funding continues. A number of countries (including Australia, Canada, Chile, and members of the European Union) have provided initial funding. The UAE has provided $20 million. And the U.S. has provided $2 million of a $7 million aid pledge. Why won't Israel give up the bombing site coordinates to the UN? The UN has been "screaming" for information on where Israel fired cluster bombs. Israel is reluctant to give up battlefield information that would provide the dates and coordinates, because this would leave them open to international and humanitarian scrutiny on its use of cluster bombs in civilian areas.