Study Guide Committee: United Nations Disarmament and International Security Council (DISEC) Topic: The Question of Cluster Munitions Introduction: Cluster munitions are an air-dropped or ground-launched explosive weapon which releases small submunitions. The submunitions are free-falling and are not individually guided towards a specific target. A huge problem with cluster munitions arises when submunitions have failed to detonate on impact as expected and therefore, result in countries and regions being infested with a large number of highly unstable submunitions. They often explode when disturbed which poses a serious danger to civilians; the presence of the submunitions make vital subsidence activities such as farming hazardous for long periods of time after the conflict has ended. Definition of Key Terms: Bomblet - A small bomb. In cluster bombs, there are parachute like devices attached to the bomblets. The bomblets break into small metal fragments upon detonation. Cluster Munitions - Bombs in the form of canisters that open mid-air and release bomblets over its target. Submunitions - A small weapon that is part of a larger warhead and separates from it prior to impact. Contextual Information: Cluster munitions were first utilised in World War 2 with the main purpose of destroying multiple military targets dispersed over a wide area and to kill or injure combatants. They can be fired from ground artillery systems or dropped from aircraft. Most of the submunitions are intended to explode on impact but as the majority of them don t, they act like landmines and threaten the safety of local communities unless they are removed or destroyed. The International Committee of the Red Cross (ICRC) estimates that there are at least 9 million to 27 million unexploded submunitions in Laos, resulting in at least 10,000 civilian casualties. Currently, the territories which are most heavily affected by cluster munition remnants are Lao PDR, Vietnam, Syria, Iraq, Yemen and Cambodia. 1
The Cluster Munitions Coalition (CMC) was co-founded and chaired by Human Rights Watch and is a global coalition of non-governmental organisations. The CMC campaigns against the use, production, stockpiling and transfer of cluster munitions. To date 119 states have joined the 2008 Cluster Munitions Convention, of which 102 are State Parties, countries include Australia, Canada, France, Germany, Italy, Japan, Mexico, Peru, South Africa, Spain and the United Kingdom, and the remaining 17 signatories, among which are DR Congo, Indonesia, Nigeria and Philippines, that have yet to join the convention. Overall, there are still 78 states that have not acceded to the convention. Among the 78 states that are non-signatories are Argentina, Brazil, China, Egypt, Ethiopia, India, Israel, DPR Korea, Republic of Korea, Malaysia, Pakistan, Poland, Russian Federation, Saudi Arabia, Turkey, United States, Vietnam, and Yemen. Approximately 3.7 million cluster munitions have been destroyed from stocks since 2008. 29 State Parties to the convention have completed the destruction of their stocks with a collective total of 1.4 million cluster munitions. The United States Department of Defence instituted a policy in 2008 to reduce the failure rate of cluster munitions to a maximum of 1% (failure referring to the percentage of unexploded submunitions) after 2018 but on 30 November 2017, a Department of Defence policy memo was signed by Deputy Defence Secretary Patrick Shanahan delayed the plan on implementing a ban on the use of unreliable types of cluster munitions that were due to take effect on 1 January 2019. This allows US military commanders to approve of the use of existing cluster munitions, which exceed the 1% failure rate, until better and more reliable versions are developed and available. The new policy also enables the US to obtain cluster munitions from foreign sources to replenish their stocks. The failure rate of cluster munitions measures the percentage of release submunitions which do not explode. Some manufacturers claim that the failure rate is between 2% and 5% but there appears to be significant discrepancies as mine clearance specialists have estimated there to be a failure rate of 10% to 30%. The delivery technique, the age of the submunition, air temperature, the surface the submunitions land on, getting caught in trees and vegetation, and submunitions being damaged after dispersal or when landing are all factors which affect the reliability of submunitions. Furthermore, the lack of self-destruct capability increases the potential for civilian casualties. Some countries are starting to develop sensor-fused weapons that have a greater reliability and varied self-destruct mechanisms in order to address the residual hazard of the submunitions. 2
Major Countries and Organizations Involved: Cluster Munitions Coalition (CMC) - An international civil society movement campaigning against the use, production, stockpiling and transfer of cluster munitions. Co-founded and chaired by Human Rights Watch. United States - Under the presidency of Barack Obama, the United States would continue to implement the DOD policy on cluster munitions issued 19 June 2008 but the revised DOD policy on cluster munitions in 2017 reverses the 2008 policy. Timeline of Events: Date: Event: 1964-1973 U.S. used cluster bombs in air strikes against targets in Vietnam, Laos, and Cambodia. It is estimated that around 260 million cluster bomblets were dropped. 1975-1991 The Royal Moroccan Army dropped cluster bombs on multiple locations in Bir Lehlou, Tifariti, Mehaires, Mijek and Awganit. 1982 During the Falklands War, BL755 cluster bombs were dropped on Argentinian positions. 1983 The United Nations Convention on Certain Conventional Weapons entered into force. 1995 Russian fighter-jets repeatedly bombed the Chechen town of Shali with cluster bombs. 1999 NATO forces dropped 1,765 cluster bombs in Kosovo and Yugoslavia containing approximately 295,000 submunitions. 2003 Cluster Munitions Coalition was formed and it is a network of civil society organisations, including NGOs, faith-based groups and professional organisations. 3
2008 Convention of Cluster Munitions was adopted. 2010 The Convention on Cluster Munitions international treaty became effective. 2011 The international Campaign to Ban Landmines and Cluster Munition Coalition merged into one structure known as the ICBL-CMC. 2012-2014 Syrian forces used at least 249 cluster munitions in 10 of Syria s 14 governorates. at least seven types of cluster munitions were used. 2015 Ukraine government forces and Russian-backed rebel forces used cluster munitions in the east of Ukraine. Attacks using cluster munition rockets in at least seven villages, towns, and cities with some locations hit multiple times. 2015 The armed coalition led by Saudi Arabia has been using cluster munitions in air strikes against Houthi forces. 2016 The Syrian-Russian joint military operation included the use of cluster bombs in at least 14 attacks. In June-July, at least 47 cluster bomb attacks were documented. 2017 DOD issued a revised policy on cluster munitions which reverses the 2008 policy. Relevant UN Treaties and Events: Convention of Cluster Munitions (CCM) - Convention on Cluster Munitions, an international treaty that prohibits the use, transfer and stockpiling of cluster bombs. It was adopted on 30 May 2008 in Dublin and entered into force on 1 August 2010. U.N. Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons (CCW) - Concluded at Geneva on 10 October 1980 and entered into force in December 1983 attempt to prohibit or restrict the use of certain conventional weapons. Protocol V on explosive remnants 4
require the clearance of unexploded ordnance (UXO). A responsibility to assist with the clearance of UXO with parties that have used explosive weapons such as cluster bombs is established by this protocol. Possible Solutions: A self-destruct feature for the submunitions would reduce the residual hazard but it would not eliminate the problem of unexploded ordnances caused by the use of cluster munitions and the advantage gained by the new cluster munitions would be nullified when submunitions with a high failure rate are used in the same area. However, for some countries, adding a self-destruct feature to the cluster munitions may not be a possibility - China, Russia, and the Republic of Korea state that they cannot afford to replace their current submunitions with ones that have a self-destruct feature. The revised cluster munitions policy proposed by the DOD in 2017 raises potential issues. One of these issues will include the way the US is perceived by the international community due to this reversal on the military s use of cluster munitions as well as how the reversal could affect future US and international military treaty initiatives. Another issue questions whether the DOD funding restrictions will stall programs which intend to replace the submunitions which have a failure rate of higher than 1% as the need to replace these cluster munitions is no longer present. A problem is faced when proposing methods of clearing unexploded submunitions as the bomblets can easily be hidden in mud, water, and even on rooftops. The distribution of the easily hidden bomblets make clearance efforts challenging which renders areas uninhabitable for years after the end of conflict. Additionally, visible bomblets are also problematic as their small size and brightly coloured shells attract children as they look like toys. The bright colour schemes that are used on the shells make them easier to detect for clearance crews searching for duds, but it also makes the bomblets more eye catching to children. Moreover, the colour scheme also makes them seem like humanitarian aid packages which further aggravate the problem. When proposing a solution to the usage of cluster munitions, it can be seen that proposing to increase the clearance efforts would not necessarily solve the problem due to the practical difficulty. 5
Bibliography: Background and Issues for Cluster Munitions - https://fas.org/sgp/crs/weapons/rs22907.pdf Cluster Munition Use in Syria - http://www.stopclustermunitions.org/en-gb/cluster-bombs/use-ofcluster-bombs/in-syria.aspx Cluster Munition Use in Ukraine - http://www.stopclustermunitions.org/en-gb/cluster-bombs/use-ofcluster-bombs/in-ukraine.aspx Cluster Munitions Use in Yemen - http://www.stopclustermunitions.org/en-gb/cluster-bombs/use-ofcluster-bombs/in-yemen.aspx Philippines Cluster Munition Ban Policy - http://www.the-monitor.org/engb/reports/2015/philippines/cluster-munition-ban-policy.aspx Problems with the Convention on Cluster Munitions- https://www.vanderbilt.edu/wpcontent/uploads/sites/78/raccuia-cr.pdf Shali Cluster Bomb Attack - https://www.hrw.org/reports/1995/russia1.htm The Convention on Certain Conventional Weapons - https://www.unog.ch/80256ee600585943/(httppages)/4f0def093b4860b4c1257180004b1b30?op endocument The Convention on Cluster Munitions - http://www.clusterconvention.org/ US Embracing Cluster Munitions - https://www.hrw.org/news/2017/12/01/us-embraces-clustermunitions 6