United States’ stance regarding the 

use of Cluster Munitions

Introduction

 

US National Security Adviser Jake Sullivan stated that President Joe Biden had approved the deployment of the weapon after receiving a unanimous recommendation. Sullivan further described the decision as a difficult one that was made following consultations. Allies and partners have expressed their support for this decision, citing that the United States plans to deploy a modified version of the weapon with a lower failure rate. This modification aims to reduce the instances of small bombs failing to explode, which often result in unexpected deaths due to the presence of unexploded artillery shells in battlefields and populated areas.

A recent package "will provide Ukraine with additional large-scale artillery systems and ammunition, including highly effective and reliable dual-purpose improved conventional weapons (DPICM)," the Pentagon said in a statement, referring to cluster weapons. The decision is expected to incite outcry from certain allies and humanitarian organizations who have long opposed the use of cluster bombs.

 

155mm DPICM Dual-Purpose Improved Conventional Munitions, Source: jaglavaksoldier  URL:https://www.youtube.com/watch?v=IroOVamQZHQ, accessed date, 6, July 2023

But the largest nations in the world, including the US, China, India, Pakistan, and Ukraine, have not joined. The use of cluster bombs, a type of explosive weapon that has killed thousands of adults and children over the years, and its legacy, is being opposed by an increasing number of countries, according to an annual monitoring report released in Geneva. Cluster munitions are a type of explosive ordnance. There are currently 12 signatories and 111 states that have ratified the CCM. Cluster munitions must not be manufactured, used, transferred, or stockpiled.

The negative impact of Cluster Bomb

The United States has utilized cluster bombs in various regions, particularly in the Middle East, East Asia, and Central Asia. Cluster bombs were first utilized by the German Air Force during the First and Second World Wars. A cluster bomb is a type of weapon that is designed to disperse smaller bombs over a large area. That is also known as cluster weapons, with the smaller bombs referred to as sub-munitions or bomblets. Cluster bombs can be dropped from aircraft or launched from the ground or sea, and the dozens or hundreds of bomblets they release can scatter over a wide area. Any individuals in that area at the time a cluster bomb is detonated may be killed or seriously injured. 

In 2008, the Treaty on Cluster Weapons was ratified. The Pentagon endorsed a cluster munitions treaty, arguing that doing so is a more humanitarian option than using conventional bombs. The delivery of unitary weapons may be converted into more significant civilian casualties and damage compared to the use of cluster weapons. Future adversaries are likely to use civilian shields to protect military targets, such as by placing the military target next to a structure where civilians reside.

Israeli cluster bombs dropped on Lebanon in August 2006, according to the advocacy group Cluster Munition Coalition (CMC), caused over 200 civilian deaths in the year following the cease-fire. Additionally, according to CMC, these weapon systems were responsible for the highest number of civilian casualties in Kosovo in 1999 and Iraq in 2003. Cluster bombs would be delivered to Ukraine, the United States acknowledged, to assist the military in repelling Russian soldiers entrenched there.

United States Arms aid and Ukrainian offensive stands

The decisions were made on the day of the NATO summit in Lithuania. During this summit, there was a possibility that Biden could have faced questions from allies regarding the United States deployment of a weapon in Ukraine. It is important to note that this particular weapon has been banned by over two-thirds of alliance nations due to its track record of causing significant civilian casualties. The response from Congress regarding this measure was divided, with some Democrats opposing it and some Republicans supporting it.

If the United States provides cluster bombs to Ukraine, the Russian Defense Minister has vowed to retaliate with similar weapons. Ukrainian artillery is crucial for breaching the defensive line and neutralizing both Russian indirect and direct fire. This enables Ukrainian soldiers to launch attacks on Russian fortifications. In addition to having fewer artillery pieces than Russia, a significant challenge for the Ukrainian Forces in sustaining offensive operations is the shortage of ammunition and replacement howitzer barrels from their foreign allies.

If you look at the most recent US government statistics, which were issued on July 7, 2023, you can understand why the country is currently providing dual-use ammunition. Since the start of the Biden Administration, the US has provided Ukraine with security assistance worth more than $42 billion, including over $41.3 billion since the invasion by Russia on February 24, 2022.  

Dual-Purpose Improved Conventional Munition(DPICM)

The term "DPICM" refers to a broad class of artillery shells and rockets, each equipped with a variety of sub-munitions that serve a similar basic purpose. Between the 1970s and 1990s, the majority of rounds loaded with DPICM were produced. The M80 Dual-Purpose Improved Conventional Munition (DPICM), created by the US Army, is equipped with a shaped charge and a reinforced fragmentation cartridge. It is designed to be used against both personnel and material targets. After 2018, cluster munitions shall not create more than 1% of unexploded ordnance (UXO), according to the Cluster Munitions Policy Memo (19 June 2008). This requirement will not be waived. 

It made no distinction between hazardous and non-hazardous categories of unexploded ordnance (UXO). The US Army determined in 1995 that the movements of multiple rocket launchers needed to be slowed down and disrupted. This led to the creation of the upgraded (MOD) Advanced Concept Technical Demonstration (ACTD) for Dual Purpose Improved Conventional Munitions (DPICM), in response to the requirement of impeding and disrupting the mobility of multiple rocket launchers.

Separate from any debate concerning cluster bombs, Ukraine has been demanding ATACMS (Army Tactical Missile System), versions of which also carry sizable unitary high-explosive warheads, since last year. With a range of nearly 200 miles, ATACMS can effectively neutralize larger and more heavily fortified targets. However, American authorities have thus far refused to grant those requests due to concerns that the missiles would be used to attack targets further inside Russia. On the other hand, the United States has a significant obligation to maintain peace between NATO members and Russia.

United States policies and actions

The United States is not among the 102 states that have ratified the 2008 Convention on Cluster Munitions, which prohibits the use of these weapons and requires assistance for victims as well as the clearance of explosive remnants. However, this stance contradicts the US commitment to refrain from using non-functioning cluster munitions. By the end of 2018, the United States was expected to have removed all but a small portion of its cluster munitions stockpile for final destruction. This policy was implemented by the Department of Defense in June 2008 during the presidency of George W. Bush. Since 2019, the United States has been prohibited from using cluster bombs that have a failure rate exceeding one percent.

By becoming parties to the Convention on Cluster Munitions, countries commit to never using, supplying, stockpiling, or transferring cluster munitions. Through the expansion of the Convention, State Parties also pledge to actively promote full compliance with the Convention and undertake the destruction of stockpiled cluster munitions. However, the United States has not been involved in the implementation of the Convention on Cluster Munitions during(CCM,) the 2007-2008 period, and US authorities have never attended any meetings related to the ban treaty. In October 2017, the US chose not to vote on an annual UN Joint Resolution supporting the international ban treaty, as it had previously abstained from doing so.  

In 2017, the Trump administration implemented significant changes to the regulations governing the utilization of cluster ammunition as outlined in the National Arrangement. At that time, Senator Dianne Feinstein (D-Calif) opposed the decision and expressed concern over the administration's reversal in policy. He emphasized the alarming nature of allowing the continued use of cluster weapons, which are known to be susceptible to failure, on the battlefield.

Additionally, the Obama administration also faced criticism for providing cluster ammunition to Saudi Arabia during the Yemen War. The government in Washington was legally prohibited from exporting cluster weapons under the Consolidated Appropriations Act of both 2010 and 2019 unless the sub-munitions failure rate fell below one percent. Subsequent to the initiation of the Ukraine War, the United States raised apprehensions regarding the deployment of cluster ammunition by the Russian forces.

In a collective press release addressing the DPICM declaration, three Republican lawmakers, namely House Foreign Affairs Committee Chairman Michael McCaul from Texas, Senate Foreign Relations Committee Ranking Part Jim Risch from Idaho, and Senate Armed Services Committee Positioning Part Roger Wicker from Mississippi, expressed their approval of the decision. They highlighted that the inclusion of DPICMs would alleviate the burden on the United States stockpile of unitary warheads. Nevertheless, it is imperative for the Biden Administration to continue this trajectory. Additionally, they should consider providing ATACMS, which possess a range comparable to the already deployed Storm Shadow cruise missile by the United Kingdom.

In consideration is the method to encourage the military in Kyiv to employ 155-mm dual-purpose improved conventional munitions (DPICMs) from the artillery launchers already present within the city. Advocates of this strategy contend that such weapons could alleviate the shortage of artillery rounds and offer an efficient means of engaging larger Russian units. Nonetheless, these weapons are a subject of extensive debate, given their prohibition in numerous countries due to concerns over their elevated failure rates and the potential harm they may cause to civilian populations.

Conclusion

The use of these weapons also poses the risk of violating international humanitarian law, specifically the principle of distinction (the obligation in armed conflict to differentiate between combatants and civilians). NATO's lack of vocal support for the US decision sends the wrong message, particularly since most European nations have ratified the Convention on Cluster Munitions (CCM). The primary concern from a humanitarian perspective is that any country that has signed the CCM would object to the United States' classification of these weapons as falling outside the scope of CCM regulations.

Though Ukraine's counteroffensive is still ongoing, it is now outdated and has not achieved the rapid progress that was initially planned. Therefore, introducing a weapon with additional fighting capability could help in sustaining the assault. Another reality is that the Ukrainian President has become more vocal about the use of new weapons in the conflict due to internal political pressure. However, this is actually benefiting the Russian Military's strategy for counter-defense management and the reverse engineering of these weapons.