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“The Trump administration’s decision to purchase cluster munitions shows that the Pentagon no longer considers protecting civilians a priority," said one critic.
A coalition of advocacy groups is imploring US lawmakers to stop the purchase of next-generation cluster bombs from an Israeli state arms maker, citing "severe, foreseeable dangers" that the internationally banned weapons pose to civilians.
Responsible Statecraft said Wednesday that the 36 human rights, peace, and faith groups shared an open letter they sent to lawmakers urging them to cancel a $210 million no-bid contract with Tomer to produce weapons, including a new generation of US 155-millimeter cluster munition shells for land-based artillery.
The letter's signatories—who include Amnesty International USA, Arms Control Association, Centers for Civilians in Conflict, Center for International Policy, Human Rights Watch, the Quincy Institute for Responsible Statecraft, RootsAction, and United Methodist Church—note that these weapons are "dramatically out of step with civilian protection practices" because they "disperse submunitions across broad areas, making it exceedingly difficult to confine their impact to lawful military targets."
"We urge members of Congress to take immediate action to oppose this purchase and prevent the transfer of cluster munitions, which pose well-documented and lasting risks to civilian populations," the letter states.
Congressional efforts to ban the transfer of cluster bombs have failed, most recently in late 2023, when House lawmakers voted down a proposed amendment to the 2024 military spending bill a week after then-President Joe Biden said the US would send some of its stockpiled cluster munitions to Ukraine to help defend against Russia's invasion.
Last year, a group of congressional Democrats led by Reps. Delia Ramirez (Ill.), Sara Jacobs (Calif.), Pramila Jayapal (Wash.), and Mark Pocan (Wis.) introduced the Block the Bombs Act, stalled legislation that would withhold the transfer of offensive weapons to Israel as it wages a genocidal war on Gaza. The bill is backed by the Congressional Progressive Caucus.
Cluster bombs are no longer manufactured domestically. However, the United States has not joined the 2008 Convention on Cluster Munitions, which has been ratified by more than 111 nations but not some of the world's biggest military powers, including China, Russia, India, and Israel. Last year, Lithuania became the first country to withdraw from the treaty, citing threats from Russia.
According to the Intercept, which first reported the proposed new sale:
Known as the XM1208 munition, America’s new cluster shells are designed to have a dud rate—or risk of failure to explode—of less than 1%. They rely on more complex fuses and self-destruct features to reduce long-term danger to civilians, according to army procurement documents and weapons experts. But researchers say those low failure rates in testing do not reflect real-world performance, and advocates argue that cluster weapons’ battlefield effectiveness cannot justify their humanitarian costs.
"These weapons’ humanitarian impacts vastly outweigh any possible tactical benefit that they provide,” Ursala Knudsen-Latta of the Friends Committee on National Legislation, which signed the letter, told Responsible Statecraft. “Unfortunately, it is really sowing seeds of terror for generations to come anywhere they are used.”
A 2025 report published by the governance board of the International Campaign to Ban Landmines and the Cluster Munition Coalition revealed that 100% of reported cluster bomb casualties in 2024 were civilians, and 42% were children.
Unexploded cluster bomblets are often found by children, who sometimes mistake them for toys. Unexploded ordnance (UXO) including cluster munitions have killed and maimed at least tens of thousands of people since the US stopped dropping them on countries like Vietnam, Cambodia, Laos, and Iraq.
“They are inherently indiscriminate,” Brian Castner, an Amnesty International weapons investigator and former US Air Force explosive ordnance disposal officer, said of cluster bombs in an interview with the Intercept earlier this month. “There’s not a way to use them responsibly, in that you can’t control where they land, and with this high dud rate you can’t control the effect on the civilian population afterwards.”
Rights groups have been sounding the alarm on the Trump administration’s systematic erosion of policies meant to minimize civilian harm and uphold international law. For example, last year Defense Secretary Pete Hegseth lifted restrictions on US use of antipersonnel landmines, which killed or wounded more than 6,000 people worldwide in 2024, according to Landmine Monitor.
“The US government’s revival of indiscriminate weapons that the world has worked to ban puts civilian lives at risk,” Sarah Yager, Washington director at Human Rights Watch, said Tuesday. “The Trump administration is simply disregarding foreseeable harm to civilians, from children who pick up unexploded bomblets to communities forced to live with unmarked minefields long after a conflict ends."
“The Trump administration’s decision to purchase cluster munitions shows that the Pentagon no longer considers protecting civilians a priority," Yager added.
The destruction of our world is the warfare that consumes so much of it and the reverberating violence each conflict leaves in its wake.
Count on one thing: armed conflict lasts for decades after battles end and its effects ripple thousands of miles beyond actual battlefields. This has been true of America’s post-9/11 forever wars that, in some minimalist fashion, continue in all too many countries around the world. Yet those wars, which we ignited in Afghanistan, Iraq, and Pakistan in the wake of the 9/11 attacks, are hardly the first to offer such lessons. Prior wars left us plenty to learn from that could have led this country to respond differently after that September day when terrorists crashed planes into the World Trade Center in New York City and the Pentagon in Washington, D.C. Instead, we ignored history and, as a result, among so many other horrific things, left our weaponry — explosives, small arms, you name it — in war zones to kill and maim yet more people there for generations to come.
Case in point: We Americans tend to disregard the possibility (however modest) that weapons of war could even destroy our own lives here at home, despite how many of us own destructive weaponry. A few years ago, my military spouse and I were looking for a house for our family to settle in after over a decade of moving from military post to military post. We very nearly bought an old farmhouse owned by a combat veteran who mentioned his deployments to Afghanistan and Iraq. We felt uncertain about the structure of his house, so we arranged to return with our children to take another look after he had moved out. The moment we entered the garage with our two toddlers in tow, we noticed a semi-automatic rifle leaning against the wall, its barrel pointing up. Had we not grabbed our son by the hand, he might have run over to touch it and, had it been loaded, the unthinkable might have occurred. Anyone who has raised young children knows that a single item in an empty room, especially one as storied as a gun (in today’s age of constant school shootings and lockdowns) could be a temptation too great to resist.
That incident haunts me still. The combat vet, who thought to remove every item from his home but a rifle, left on display for us, was at best careless, at worst provocative, and definitely weird in the most modern meaning of that word. Given the high rates of gun ownership among today’s veterans, it’s not a coincidence that he had one, nor would it have been unknown for a child (in this case mine) to be wounded or die from an accidental gunshot. Many times more kids here die that way, whether accidentally or all too often purposely, than do our police or military in combat. Boys and men especially tend to be tactile learners. Those of them in our former war zones are also the ones still most likely to fall victim to mines and unexploded ordnance left behind, just as they’re more likely to die here from accidental wounds.
Scenes not that different from the one I described have been happening in nearly 70 countries on a regular basis, only with deadlier endings. Hundreds of people each year — many of them kids — happen upon weapons or explosives left over from wars once fought in their countries and are killed, even though they may have been unaware of the risks they faced just seconds before impact. And for that, you can thank the major warmakers on this planet like the U.S. and Russia that have simply refused to learn the lessons of history.
A Deadly Glossary
Many kinds of explosives linger after battles end. Such unexploded ordnance (UXO) includes shells, grenades, mortars, rockets, air-dropped bombs, and cluster munition bomblets that didn’t explode when first used. Among the most destructive of them are those cluster munitions, which can spread over areas several football fields wide, often explode in mid-air, and are designed to set objects on fire on impact. Militaries (ours among them) have been known to leave behind significant stockpiles of such explosive ordnance when conflicts cease. Weapons experts refer to such abandoned ordnance as AXO and it’s not uncommon for militaries to have stored and then abandoned them in places like occupied schools.
Close cousins of UXO are landmines designed to explode and kill indiscriminately upon contact, piercing tanks and other vehicles, as well as what came to be known as Improvised Explosive Devices (IEDs), jerry-rigged homemade bombs often buried in the ground, that kill on impact. IEDs gained notoriety during the American wars in Afghanistan and Iraq, where they accounted for more than half of reported U.S. troop casualties. And both unexploded landmines and IEDs can do terrible damage years later in peacetime.
As many of us are aware, long before this century’s American-led wars on terror started, militaries had already established just such a deadly legacy through their use of unexploded ordnance and mines. In Cambodia, which the U.S. bombed heavily during the Vietnam War in the 1960s and early 1970s, about 650 square kilometers remain contaminated with cluster-munition remnants from American aerial attacks, while a still larger area contains landmines. It’s estimated, in fact, that leftover landmines and other exploding ordnance killed nearly 20,000 Cambodians in what passed for “peacetime” between 1979 and 2022, also giving that country the dubious distinction of having one of the highest number of amputees per capita on the planet. Likewise, half a century after the U.S. littered neighboring Laos with cluster bombs, making it, per capita, the most bombed country in the world, less than 10% of its affected land has been cleared.
Similarly, dud bomblets, which failed to detonate in mid-air, are estimated to have killed or maimed somewhere between 56,000 and 86,000 civilians globally since Hitler’s air force first tested them out on Spanish towns during that country’s civil war in the 1930s. Despite concerted international advocacy by governments and human rights groups beginning in the 2000s, hundreds of new cluster munition casualties are reported yearly. In 2023, the most recent year on record globally, 93% of cluster munition casualties were civilians, with 47% of those killed and injured by such remnant explosives children.
Cluster munitions are known for killing broadly on impact, so it’s not easy to get firsthand accounts of just what it’s like to witness such an attack, but a few such unflinching accounts are available to us. Take for instance, a report by Human Rights Watch researchers who interviewed survivors of a Russian cluster munitions attack in the eastern Ukrainian village of Hlynske in May 2022. As one man reported, after hearing a rocket strike near his home, “Suddenly I heard my father screaming, ‘I’ve been hit! I can’t move,’ he said. I ran back and saw that he had fallen on his knees but couldn’t move from the waist down, and there were many metal pieces in him, including one sticking out of his spine and another in his chest. He had these small metal pellets lodged in his hands and legs.”
According to the report, his father died a month later, despite surgery.
How did a noise outside that survivor’s home so quickly become shrapnel lodged in his father’s body? Maybe someone growing up in America’s poorer neighborhoods, littered with weapons of war, can relate, but I read accounts like his and realize how distant people like me normally remain from war’s violence.
After the international Cluster Munitions Convention took effect in 2010, 124 countries committed to retiring their stockpiles. But neither the U.S., Russia, nor Ukraine, among other countries, signed that document, although our government did promise to try to replace the Pentagon’s cluster munitions with variants that supposedly have lower “dud” rates. (The U.S. military has not explained how they determined that was so.)
Our involvement in the Ukraine war marked a turning point. In mid-2023, the Biden administration ordered the transfer of cluster munitions from its outdated stockpile, sidestepping federal rules limiting such transfers of weapons with high dud rates. As a result, we added to the barrage of Russian cluster-munition attacks on Ukrainian towns. New cluster-munition attacks initiated in Ukraine have created what can only be seen as a deadly kind of time bomb. If it can be said that the U.S. and Russia in any way acted together, it was in placing millions of new time bombs in Ukrainian soil in their quest to take or protect territory there, ensuring a future of mortal danger for so many Ukrainians, no matter who wins the present war.
Afghanistan, Every Step You Take
At the Costs of War Project, which I helped found at Brown University in 2010, a key goal continues to be to show how armed conflict disrupts human lives, undermining so much of what people need to do to work, travel, study, or even go to the doctor. Afghanistan is a case in point: An area roughly 10 times the size of Washington, D.C., is now thoroughly contaminated by mines and unexploded ordnance. Prior to the U.S. attack in 2001, Afghans already had to contend with explosives from the Soviet Union’s disastrous war there in the 1980s. And I’m sure you won’t be surprised to learn that casualties from that war’s unexploded ordnance and mines only rose after the U.S.-led invasion further unsettled the country. It’s estimated that well over half of that country’s 20,000 or so injuries and deaths between 2001 and 2018 were due to unexploded ordnance, landmines, and other explosive remnants of war like IEDs. Contaminated Afghan land includes fields commonly used for growing food and letting livestock graze, schools, roads, tourist sites, and former military bases and training ranges used by the U.S. and its NATO allies.
Worse yet, the damage isn’t only physical. It’s also psychological. As Costs of War researchers Suzanne Fiederlein and SaraJane Rzegocki have written, “The fear of being harmed by these weapons [unexploded ordnance] is magnified by knowing or seeing someone injured or killed.” In her ethnography of Afghan war widows, Anila Daulatzai offered a gripping illustration of how loss, death, and psychological terror ripple outward to a family and community after a young boy dies in a bomb blast on his way to school and his parents turn to heroin to cope.
When I read such accounts, what stands out to me is how long such unexploded ordnance makes the terror of war linger after the wars themselves are in the history books. Think about what life, stressful as it might be in times of peace, would be like if every step you took might be your last because of unseen threats lurking under the ground. That would include threats like certain bomblets, attractive with their bell-like appearance, which your young child might pick up, thinking they’re toys.
The U.S. Arming of Ukraine (“We Start When It All Ends”)
And we still haven’t learned. Today, with 26,000 square kilometers (an area roughly the size of my home state of Maryland) contaminated by mines and unexploded ordnance, Ukraine is the most mined country in the world. I recently spoke with a founding director of the Ukrainian Association for Humanitarian Demining (UAHD), an umbrella organization based in Kyiv and responsible for information-sharing on mines and other unexploded ordnance, as well as future demining, and humanitarian aid based on such an ongoing nightmare.
From our conversation, what stood out to me was how people’s ordinary lives have come to a halt because of this war. For example, much has been written about how interruptions in the Ukrainian grain supply impacted food prices and famine globally, but we pay less attention to how and why. As the UAHD representative told me, “For two years, most Ukrainian farmers in occupied territory have had to halt their work because of mines and unexploded ordnance. This past Thursday, the Ukrainian government issued their first payment so that one day, these farms might be able to keep doing their work.” If the history of Laos is any marker and if the Ukraine war ever ends, just the cleanup will prove a long slog.
When I asked how civilian lives in Ukraine were affected by cluster munitions, the response from the UAHD representative was brief: “I don’t know, because war zones are off-limits to us right now. Once the fighting finally ends, we can survey the land and talk to people living there. We start when it all ends.” My interlocutor’s comments reminded me of a superb recent novel on modern warfare, Andrey Kurkov’s Grey Bees. It focuses on a beekeeper who stays behind in his eastern Ukrainian farming village after his neighbors have evacuated to escape the fighting. The novel conveys the poverty and physical danger war brings with it, as well as how isolated from one another civilians in war zones grow, not least because of the dangers of just moving around along once-quiet fields and roads. For instance, the one gift that a Ukrainian soldier offers the beekeeper in passing is a grenade for his own protection, which he ultimately uses to destroy his bees, nearly hurting himself in the process. His other brush with near-death occurs when a traumatized Ukrainian veteran threatens him with an axe during a flashback to combat. War, in other words, returns home, again and again.
Like the beekeeper, we all need to pay attention to what’s left in the wake of our government’s exploits. We need to ask ourselves what future generations may have to deal with thanks to what our leaders do today in the name of expediency. That’s true when it comes to those horrifying cluster munitions and essentially every other militarized response governments concoct to grapple with complex problems.
In this context, let me suggest that there are two messages readers should take away from this piece: It couldn’t be more important to bear witness to what’s being done to destroy our world and, when the fighting ends, it’s also vital to pay attention to what has been left behind.
"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.
"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 report on 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."
Peace groups have long campaigned for a ban on DU munitions
The Biden administration will, for the first time, send controversial armor-piercing munitions containing depleted uranium to Ukraine, according to Reuters.
The munition can be fired from US Abrams tanks, which are expected to arrive in Ukraine in the coming weeks.
The shells, which will come from US excess inventory, would be funded by the Presidential Drawdown Authority, which lets the president make transfers from US stocks without Congress' approval in the case of an emergency.
This follows an earlier decision by the Biden administration to provide cluster munitions to Ukraine despite concerns over the dangers such weapons pose to civilians.
If the US deploys depleted uranium shells to Ukraine, Russian President Vladimir Putin has threatened to retaliate with DU rounds—which are linked to birth defects, miscarriages, and cancer.
Depleted uranium is a byproduct of the production of fuel used in nuclear power stations. Its extreme density gives rounds the ability to penetrate armor-plating easily.
The use of depleted uranium munitions has been fiercely debated, with opponents like the International Coalition to Ban Uranium Weapons saying there are dangerous health risks from ingesting or inhaling depleted uranium dust, including cancers and birth defects.
Common Dreams has reported:
The U.S.-led NATO coalition that waged the 1999 air war against Yugoslavia also used DU munitions, which experts believe are responsible for a surge in leukemia in the region, both among the local population and foreign troops deployed in the war zone.
Peace groups have long campaigned for a ban on DU munitions. Last September, the United Nations General Assembly approved an Indonesian draft resolution urging further research of the "health risks and environmental impact" of DU weapons and calling for a "cautionary approach" to their use.
The resolution was approved by 147 nations. The U.S., U.K., France, and Israel voted against the proposal.
The Biden administration overrode the warnings of rights advocates and transferred the weapons, which are sure to pose a threat to life well into the future, as they have in other countries.
President Joe Biden’s administration has taken a cruel weapon—the cluster bomb—off the shelf and sent it to Ukraine to be used in the war against Russia. Prior to being transferred to Ukraine, cluster bombs made in the United States were used by Saudi Arabia as recently as last year to devastating effect in its war in Yemen. The weapons pose such an extraordinary danger to civilians that—although the U.S. is among a minority of countries that refuses to sign the Convention on Cluster Munitions banning them, and retains such weapons in its arsenal—they have largely been gathering dust because their use and sale are so controversial on the world stage. The White House’s decision to transfer the bombs to Ukraine both escalates the already horrific war and legitimizes a weapon that has no place in our world.
Cluster bombs are large bombs that contain dozens or even hundreds of smaller bombs, or “bomblets.” Cluster bombs are designed to scatter the bomblets over a wide area upon detonation. At a time when the United States and its allies often claim—inaccurately—to carry out precision killing with “surgical strikes,” cluster bombs are imprecise by nature.
But what makes cluster bombs even worse is the fact that, inevitably, not all of the smaller, scattered bombs explode on impact. The bomblets lie on or below the surface of the ground, potentially for years or even decades, waiting to be detonated when touched. They are, in effect, land mines. As Amnesty International’s Brian Castner concludes, “There’s just not a responsible way to use cluster munitions.”
Well after ceasefires and treaties formally end armed conflicts, cluster bombs continue to threaten civilians in the places where they have been used.
In Laos, where the U.S. dropped cluster bombs extensively as part of its war in Southeast Asia during the 1960s and ’70s, unexploded bomblets continue to litter the land even today. As veteran foreign correspondent Lewis M. Simons—who covered the war in Southeast Asia—wrote in a piece responding to the news of the weapons transfer to Ukraine, “Less than 1% of the dormant bombs have been cleared since the war ended in Laos. About 20,000 civilians been killed during the same period. Even as the numbers gradually decline, thousands continue to be killed, crippled, and disfigured.” He added, “Half the victims are children.”
Well after ceasefires and treaties formally end armed conflicts, cluster bombs continue to threaten civilians in the places where they have been used. In response to the dangers remaining bomblets present to civilians, more than 120 countries have signed the 2008 Convention on Cluster Munitions.
This means that by transferring cluster bombs to Ukraine, the Biden administration is violating an international law that the majority of U.N. member states are party to.
This is ironic given the attention that the White House has rightfully called to Russian President Vladimir Putin’s violations of international law in Russia’s invasion of Ukraine. The U.S. move to send cluster bombs to Ukraine indicts the moral position that it has claimed in the war.
Biden’s decision fits into a long, dark history of the U.S. manufacture, use, and sale of this destructive weapon. The U.S. has used cluster bombs in large-scale military operations since World War II, including its invasions of Afghanistan and Iraq two decades ago. The bomblets that the U.S. used in those invasions were the same size and color as the packaged meals—humanitarian daily rations, or HDRs—that the U.S. also air-dropped for civilians. Human rights groups warned at the time against using cluster bombs, pointing to a similar problem that occurred when the U.S. used them in the Balkan Wars in the 1990s and children mistook the bomblets for toys—but the Pentagon used them anyway. Between the misleading, friendly appearance of the unexploded bomblets and their widespread scatter upon being dropped, cluster bombs killed, maimed, and threatened the lives of many civilians in Afghanistan and Iraq, provoking condemnation by human rights groups.
Then in 2006, Israel used U.S.-made cluster bombs in its 2006 invasion of Lebanon. In a move that the U.N. described as “immoral,” Israel dropped the overwhelming majority of its bombs—90%—in the last three days of the war as it was retreating, leaving Southern Lebanon littered with mines that have continued to pose a threat to civilians in the years since. This further fueled public sentiment against cluster bombs.
In 2008, the year that the Convention on Cluster Munitions was drafted and opened to signatories, President George W. Bush’s administration issued guidance regarding the Pentagon’s use of the weapon. While the U.S. would maintain cluster bombs in its arsenal, the new directive required that the “dud rate” of the bomblets had to be under 1%.
The notion that it is possible to develop a cluster bomb—an essentially blunt instrument of warfare—that spares civilians is a total fantasy.
The directive, on the one hand, was a response to international pressure and domestic unease over the threat that such weapons posed to civilians. On the other hand, it gave cover to cluster bombs by suggesting that the destruction they caused could remain limited to the time and place of battle and target only combatants. But the U.S.’s so-called “precision weapons”—such as “smart bombs” and attack drones—have been shown to cause enormous civilian casualties. The notion that it is possible to develop a cluster bomb—an essentially blunt instrument of warfare—that spares civilians is a total fantasy.
In 2017, however, the U.S. abandoned even this effort that at least hinted at a concern for the problem of civilian harm and a commitment to human rights when Donald Trump’s administration reversed Bush’s 2008 directive. This allowed the use of cluster bombs that had already been made—and were in the U.S. stockpile—that had a dud rate exceeding 1%. The new guidance also removed a deadline for replacing older cluster bombs that had higher dud rates.
Ironically, this coincided with the greatest blow to cluster bombs’ credibility in recent memory, when the U.S. provided them to Saudi Arabia for use in its scorched-earth bombardment of Yemen. Riyadh bombed weddings, destroyed bridges and roads used by Yemeni civilians, and slaughtered dozens of children when it blew up a school bus—using U.S.-made cluster bombs. The atrocities rendered the war unpopular in the U.S., leading to a congressional vote to end U.S. involvement—which President Trump then vetoed.
The U.S. remains in the minority of countries that refuses to sign the Convention on Cluster Munitions, along with Ukraine and Russia.
Still, the cluster weapons transfer to Ukraine remains controversial. In addition to condemnation by human rights groups like Amnesty International, The New York Times—which has enthusiastically supported sending weapons to Ukraine—editorialized against sending the cluster bombs.
Nevertheless, the Biden administration overrode the warnings of rights advocates and transferred the weapons, which are sure to pose a threat to life well into the future, as they have in other countries.
Thankfully though, that is not where the story ends.
During the widespread condemnation of U.S. support of Saudi Arabia’s war in Yemen at its height in the mid-2010s, anti-war activists in New England organized against Textron, a Rhode Island-based weapons manufacturer that made cluster bombs. The campaign was ultimately successful, and Textron announced in 2016 that it would stop manufacturing the weapon. The many controversies and regulations regarding cluster bombs have led U.S. companies to stop producing them, and Textron was the nation’s last domestic manufacturer. There are currently no cluster bombs being manufactured in the U.S., and, if anti-war activism is strong enough, perhaps there never will be.
Just weeks ago, the U.S. disposed of the last chemical weapons in what had once been an enormous arsenal. Though militarism is on the rise around the world—with Washington being a key driver—the elimination of U.S. chemical weapons is a great milestone in the history of disarmament. The challenge is to build on the success of the chemical weapons moratorium and on the campaign against Textron, and toward the day when we can also assure the elimination of U.S. cluster bombs.
The Biden administration has no diplomatic strategies, no demand for an immediate unconditional ceasefire followed by top-level peace negotiations.
Russia’s criminal war in Ukraine intensifies as it grinds on, World War I style with heavy casualties on both sides. While President Joe Biden keeps repeating that NATO, mostly meaning the U.S., will expand military support for Ukraine “as long as it takes.”
“As long as it takes,” is not a policy, it is deadly procrastination without any exit strategy.
Of course, Biden, who voted for former President George W. Bush’s criminal war in Iraq as a Senator in 2003, along with funding it with hundreds of billions of dollars over the years, is experienced in “as long as it takes.” That invasion and occupation took over 1 million Iraqi lives, caused even more injuries and sicknesses, and plunged Iraq into destructive chaos that persists to this day.
Our country should lead in peacemaking, in engaging the United Nations when its charter against offensive war is violated by any member country, and in observing our own constitutional mandates which reserve for Congress, not the presidency, the power to declare war.
“As long as it takes” for a million Ukrainian lives lost and the comparable destruction of their country? For the war to escalate beyond Ukraine, into Russia and bordering countries?
Biden spends more time thinking about when he will say, “Yes,” to Ukrainian President Volodymyr Zelensky’s demand for more powerful weapons—Advanced Armored Vehicles, longer-reaching artillery, Abrams Tanks with depleted-uranium rounds. The United Nations Environment Programme (UNEP) warns such ammunition is “chemically and radiologically toxic heavy metal.” The Harvard International Review reports, “Depleted uranium may pose a risk to both soldiers and local civilian populations. When ammunition made from depleted uranium strikes a target, the uranium turns into dust that is inhaled by soldiers near the explosion site. The wind then carries dust to surrounding areas, polluting local water and agriculture.”
Biden also supports providing Ukraine with F-16s, which take many months to learn to fly, and he has already sent Ukraine cluster bombs to match Russia’s cluster bombs so as to further endanger Ukrainians, including children, for years to come. The New York Times reports, “One-hundred and twenty-three nations—including many of America’s allies—have agreed never to use, transfer, produce, or stockpile cluster munitions.”
The Biden administration has no diplomatic strategies, no demand for an immediate unconditional ceasefire followed by top-level peace negotiations. This war is expanding and becoming more lethal each day. Provocations are also escalating as armed Ukrainian drones appear over Moscow and more Russian missiles target Ukrainian civilians.
Congress, ignorant of history’s lessons from wars in Vietnam, Iraq, Afghanistan, Libya, and other military boomerangs of the U.S. Empire, rubber-stamp Biden’s demands without any thorough Congressional hearings to examine where this war is heading. Congressional Democrats did, however, make sure to block a proposed Inspector General’s Office to oversee the spending of tens of billions of taxpayers’ dollars in U.S. military aid, watchdog corruption, and investigate diversions of military supplies.
A culpable Congress is also going along with the Biden and NATO decision to put 300,000 soldiers “at high readiness” stationed in the countries on Russia’s borders and in Europe. Already, thousands of U.S. soldiers, modern artillery, and warships are in that region.
Dictator Vladimir Putin doesn’t have to stretch the truth far in his propaganda to alarm the Russian people. They remember the invasions by Germany in World War I and World War II that took more than 50 million Russian lives and that caused massive devastation in Russia, their country. They see a military alliance of Western countries, (NATO) including Germany, Finland, Poland, Hungary, Czechia, Estonia, Romania, and Bulgaria. They also see moves to include Ukraine.
In 1990 several Western leaders assured Soviet President Mikhail Gorbachev that NATO would not expand. In 1991, when the Soviet Union started to formally dissolve and Soviet concerns about NATO increased. U.S. experts, including long-time expert George Kennan, warned of a redline disaster. The Guardian notes that “Putin claims that [James] Baker, [former Secretary of State] in a discussion on 9 February 1990 with the Soviet leader, Mikhail Gorbachev, made the promise that NATO would not expand to the east if Russia accepted Germany’s unification.”
President Bill Clinton infuriated Russian President Boris Yeltsin by breaking with past U.S. assurances on NATO expansion.
As pointed out in a long Harper’s June 2023 article on Ukraine, “…at NATO’s Bucharest summit in April 2008, the U.S. delegation, led by President Bush, urged the alliance to put Ukraine and Georgia on the immediate path to NATO membership. German Chancellor Angela Merkel understood the implications of Washington’s proposal: ‘I was very sure... that Putin was not going to just let that happen,’ she recalled in 2022. ‘From his perspective, that would be a declaration of war.’
“America’s ambassador to Moscow, William J. Burns, shared Merkel’s assessment. Burns had already warned Secretary of State Condoleezza Rice... ‘Ukrainian entry into NATO is the brightest of all redlines for the Russian elite (not just Putin),’” concluding that “‘Russia will respond.’”
Imagine the shoe being on the other foot, with Russia doing all this on our borders. Look how the U.S. reacted to 3,000 lives lost on 9/11.
The media also hasn’t learned its history lessons. Coverage of the Ukraine War towers over its coverage of our illegal military invasions in the Middle East. Except they avoid reporting about peace advocacy by domestic and international groups.
While The New York Times’ readers are told about how domestic pets and athletes are faring in the Ukraine conflict, this newspaper of record ignores the voyage of the Golden Rule Boat, sponsored by Veterans for Peace, docking this year at ports on the west Gulf and eastern coast. The mainstream media ignored the rally by many peace groups on July 22, 2023, at Biden’s hometown (Scranton, PA) in front of the Army Ammunition Plant run by General Dynamics.
Nor does the mass media probe the U.S. policy driving Germany into larger military budgets and weapons shipments to Ukraine, and ending the Nordic countries’ traditions of neutrality by bringing them into NATO. All these expansions provide huge business for the U.S. military-industrial complex, which Eisenhower warned us about.
The expansions also scare the Russian public and increase popular support for the aggressor Putin and Russian troops. Roger Cohen’s long report in The New York Times on his trip through Russia shed some light on these feelings.
Our country should lead in peacemaking, in engaging the United Nations when its charter against offensive war is violated by any member country, and in observing our own constitutional mandates which reserve for Congress, not the presidency, the power to declare war.
Instead, we expand a vast military budget (greater than the next 10 countries combined, including China and Russia), operate military bases in over 100 countries, bristle with military threats or incursions in the backyards of many of these nations—in violation of international law, the U.N. charter (which we most prominently drafted in 1946), and federal statutes. All done in a bipartisan fashion, with astounding hypocrisy and self-righteousness.
Whether or not you are a veteran, I urge you to virtually attend the annual Veterans for Peace Convention on August 25 through August 27, 2023, to hear the views of people who abhor all wars in favor of stopping the slaughter and deliberately waging peace.
Otherwise, prepare for a war of attrition on both sides, which could last for years. Unless, that is, it flares into a nuclear war.
That should sober all hawks, including the consistent one in the White House.
In total, the Post has published five pieces in its opinion section (including Ignatius’ Q&A) that take a direct stance in favor of arming Ukraine with U.S. cluster munitions, and only one opposed to it.
The Washington Post (6/23/22) describes its opinion section as a platform for articles that “provide a diversity of voices and perspectives for our readers.” Yet as the U.S. and its allies pour military aid into Ukraine, escalating the already bloody conflict with ever-more deadly new weapons, the paper’s opinion pages begin to look less like a platform for diverse voices and more like a cheerleading squad for the military-industrial complex.
Post opinion journalism abounds with pieces advocating the sort of “light side vs. dark side” moral rhetoric characteristic of corporate media’s war coverage (FAIR.org, 12/1/22). A consequence of this binary worldview is the tendency to present the deployment of increasingly horrific means, like President Joe Biden’s recent decision to arm Ukraine with U.S. cluster munitions, as essentially just and necessary to achieve the West’s always-noble ends.
Cluster munitions are a type of ordinance which can leave unexploded “bomblets” around for decades. Almost 50 years after the end of the U.S. government’s war of aggression against Laos, unexploded cluster bombs continue to kill and maim innocent people—frequently children.
These weapons are rightly so reviled that, shortly after Russia’s invasion of Ukraine in February 2022, then-White House Press Secretary Jen Psaki responded to the possibility that Russia had already begun using cluster munitions against Ukraine by calling it “potentially a war crime.” Even so, U.S. cluster munitions have arrived in Ukraine, and are now being used by Kyiv (Washington Post, 7/20/23).
Advocating for escalation, a Post editorial headlined “NATO’s Annual Summit Could Define a Decade of Western Security” (7/8/23) argued that NATO needs to “step up their game” in order to meet the threat of Putin’s regime in Moscow. It called Biden’s decision to arm Ukraine with cluster munitions a “tough but correct call.” The editorial board explained:
Their use is banned by some major NATO allies, because dud bombs left behind on the battlefield pose a threat to civilians. But Russia has used them intensively in Ukraine, and the Biden administration is legally required to export only shells that have a very low dud rate.
“Some” major allies? Out of the 31 NATO member states, the U.S. finds company with only seven others in its refusal to join the Convention on Cluster Munitions. More than two-thirds of NATO countries, including “major” allies like Canada, Britain, Germany, and France—and every European country west of Poland—have signed.
The editorial board cites the fact that the cluster munitions being sent by the U.S. have a “very low dud rate,” and will therefore pose less of a risk to civilians. The Pentagon claims that the munitions it is sending have a dud rate of 2.35%; even if that’s accurate, it exceeds the 1% limit the Pentagon itself considers acceptable.
According to The New York Times’ John Ismay (7/7/23), a failure rate of 2.35% “would mean that for every two shells fired, about three unexploded grenades would be left scattered on the target area.” There is reason to believe that the true dud rate may be much higher—possibly exceeding 14%, by the Pentagon’s own reckoning.
Another Post op-ed, by columnist Max Boot (7/11/23), headlined “Why Liberals Protesting Cluster Munitions for Ukraine Are Wrong,” illustrates the “ends justify the means” rhetoric so pervasive in discourse over the war in Ukraine.
Boot acknowledged the devastating impact of cluster munitions, noting that “in Laos alone, at least 25,000 people have been killed or injured by unexploded ordnance since the US bombing ended.” He added:
Such concerns led more than 100 nations—but not the United States, Russia, or Ukraine—to join the 2008 Convention on Cluster Munitions abolishing the use of these weapons.
Of course, the United States is notorious for isolating itself from the rest of the world when it comes to the signing of international treaties—as the Council on Foreign Relations, where Mr. Boot is a senior fellow, has shown. The U.S. signed but failed to ratify the 1996 Comprehensive Nuclear-Test-Ban Treaty (which has 178 state parties) and the 1979 Convention on the Elimination of All Forms of Discrimination Against Women (which has 189 state parties). It refused to even sign the 1997 Mine Ban Treaty (which has 164 state parties).
Boot cited the probability that the dud rate of U.S. cluster munitions is much higher than the given 2.35%, but immediately downplayed this fact on the basis that
Ukraine’s democratically elected leaders, whose relatives, friends, and neighbors are in the line of fire, are more mindful of minimizing Ukrainian casualties than are self-appointed humanitarians in the West watching the war on television.
In other words, the Ukraine government should be allowed to decide how many Ukrainian civilians are acceptable to kill. This is a dubious principle even when you aren’t talking about a war against separatists; in the areas where the weapons are likely to be used, a large minority to a majority of the population identifies as ethnically Russian. Is the Iraqi government the best judge of how many Kurdish civilians are all right to kill?
“Using cluster munitions has the potential to save the lives of many Ukrainian soldiers,” Boot claimed, despite the fact that these same U.S. munitions have a history of killing both civilians and U.S. personnel alike.
Moreover, Boot argued,
cluster munitions remain a lawful instrument of warfare for countries that haven’t signed the 2008 convention, and Kyiv has shown itself a responsible steward of all the Western weaponry it has received.
Setting aside international norms, even countries who have not joined the cluster munitions convention must respect the Geneva Conventions, which prohibit indiscriminate attacks in civilian areas. That makes cluster munitions used in such areas illegal—yet “responsible steward” Ukraine has already used its own cluster munitions in the city of Izium, predictably resulting in civilian casualties (Human Rights Watch, 7/6/23).
Meanwhile, Post columnist David Ignatius (7/8/23) approvingly quoted National Security Adviser Jake Sullivan touting the deployment of cluster munitions as giving Ukraine a “wider window” for success, with no mention of any arguments against them. Ignatius later stated in his biweekly Q&A (7/17/23) that he was compelled by the Ukrainians’ reported “moral argument” for cluster bombs.
The Post’s sole “Counterpoint” piece (7/7/23) on cluster munitions, authored by Sen. Jeff Merkley and former Sen. Patrick Leahy, justly pointed out the “unsupportable moral and political price” of supplying Kyiv with cluster munitions. Unfortunately, the Post didn’t seem to have much time for such considerations, with the only other traces of criticism within the opinion section being found amidst the letters to the editor.
This was true even months before Biden made his decision. A March piece by columnist Josh Rogin (3/2/23) framed the weapons as a sort of necessary evil as the Ukrainian forces are “running out of options.” Rogin referred to concerns from human rights groups and deemed the use of cluster munitions as “not to be taken lightly,” but did not dwell on these concerns, arguing, similar to Boot, that “more innocent lives will be saved if Ukrainian forces can kill more invading Russians faster.” Rogin concluded: “Because it is their lives on the line, it is their risk to take, and we should honor their request.”
In total, the Post has published five pieces in its opinion section (including Ignatius’ Q&A) that take a direct stance in favor of arming Ukraine with U.S. cluster munitions, and only one opposed to it. Meanwhile, a recent poll by Quinnipiac University concluded that 51% of Americans disapprove of the president’s decision, while only 39% approve (The Hill, 7/19/23).
With so much preference for escalation and so little toward military restraint, one thing seems clear: There aren’t many Einsteins in The Washington Post op-ed section.
In keeping Guantánamo open, continuing to use illegal weapons, and dragging its feet on climate action, this country has stood out from the crowd in a sadly malevolent fashion.
In 1963, the summer I turned 11, my mother had a gig evaluating Peace Corps programs in Egypt and Ethiopia. My younger brother and I spent most of that summer in France. We were first in Paris with my mother before she left for North Africa, then with my father and his girlfriend in a tiny town on the Mediterranean. (In the middle of our six-week sojourn there, the girlfriend ran off to marry a Czech she’d met, but that’s another story.)
In Paris, I saw American tourists striding around in their shorts and sandals, cameras slung around their necks, staking out positions in cathedrals and museums. I listened to my mother’s commentary on what she considered their boorishness and insensitivity. In my 11-year-old mind, I tended to agree. I’d already heard the expression “the ugly American”—although I then knew nothing about the prophetic 1958 novel with that title about U.S. diplomatic bumbling in Southeast Asia in the midst of the Cold War—and it seemed to me that those interlopers in France fit the term perfectly.
When I got home, I confided to a friend (whose parents, I learned years later, worked for the CIA) that sometimes, while in Europe, I’d felt ashamed to be an American. “You should never feel that way,” she replied. “This is the best country in the world!”
In this century, in many important ways, the United States has become an outlier and, in some cases, even an outlaw.
Indeed, the United States was, then, the leader of what was known as “the free world.” Never mind that, throughout the Cold War, we would actively support dictatorships (in Argentina, Chile, Indonesia, Nicaragua, and El Salvador, among other places) and actually overthrow democratizing governments (in Chile, Guatemala, and Iran, for example). In that era of the G.I. Bill, strong unions, employer-provided healthcare, and general postwar economic dominance, to most of us who were white and within reach of the middle class, the United States probably did look like the best country in the world.
Things do look a bit different today, don’t they? In this century, in many important ways, the United States has become an outlier and, in some cases, even an outlaw. Here are three examples of U.S. behavior that has been literally egregious, three ways in which this country has stood out from the crowd in a sadly malevolent fashion.

Demonstrators hold a sign during a protest calling for the closure of Guantánamo in front of the White House in Washington, D.C. on January 11, 2022.
(Photo: Nicholas Kamm/AFP via Getty Images)In January 2002, the administration of President George W. Bush established an offshore prison camp at the U.S. Naval Base in Guantánamo Bay, Cuba. The idea was to house prisoners taken in what had already been labelled “the Global War on Terror” on a little piece of “U.S.” soil beyond the reach of the American legal system and whatever protections that system might afford anyone inside the country. (If you wonder how the United States had access to a chunk of land on an island nation with which it had the frostiest of relations, including decades of economic sanctions, here’s the story: In 1903, long before Cuba’s 1959 revolution, its government had granted the United States “coaling” rights at Guantánamo, meaning that the U.S. Navy could establish a base there to refuel its ships. The agreement remained in force in 2002, as it does today.)
In the years that followed, Guantánamo became the site of the torture and even murder of individuals the U.S. took prisoner in Afghanistan, Iraq, and other countries ranging from Pakistan to Mauritania. Having written for more than 20 years about such U.S. torture programs that began in October 2001, I find today that I can’t bring myself to chronicle one more time all the horrors that went on at Guantánamo or at CIA “black sites” in countries ranging from Thailand to Poland, or at Bagram Air Base in Afghanistan, or indeed at the Abu Ghraib prison and Camp NAMA (whose motto was: “No blood, no foul”) in Iraq. If you don’t remember, just go ahead and google those places. I’ll wait.
Thirty men remain at Guantánamo today. Some have never been tried. Some have never even been charged with a crime. Their continued detention and torture, including, as recently as 2014, punitive, brutal forced feeding for hunger strikers, confirmed the status of the United States as a global scofflaw. To this day, keeping Guantánamo open displays this country’s contempt for international law, including the Geneva Conventions and the United Nations Convention against Torture. It also displays contempt for our own legal system, including the Constitution’s “supremacy” clause which makes any ratified international treaty like the Convention against Torture “the supreme law of the land.”
In February 2023, Fionnuala Ní Aoláin, the U.N.’s Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, became the first representative of the United Nations ever permitted to visit Guantánamo. She was horrified by what she found there, telling The Guardian that the U.S. has
“a responsibility to redress the harms it inflicted on its Muslim torture victims. Existing medical treatment, both at the prison camp in Cuba and for detainees released to other countries, was inadequate to deal with multiple problems such as traumatic brain injuries, permanent disabilities, sleep disorders, flashbacks, and untreated post-traumatic stress disorder.”
“These men,” she added, “are all survivors of torture, a unique crime under international law, and in urgent need of care. Torture breaks a person, it is intended to render them helpless and powerless so that they cease to function psychologically, and in my conversations both with current and former detainees I observed the harms it caused.”
The lawyer for one tortured prisoner, Ammar al-Baluchi, reports that al-Baluchi “suffers from traumatic brain injury from having been subjected to ‘walling’ where his head was smashed repeatedly against the wall.” He has entered a deepening cognitive decline, whose “symptoms include headaches, dizziness, difficulty thinking and performing simple tasks.” He cannot sleep for more than two hours at a time, “having been sleep-deprived as a torture technique.”
The United States, Ní Aoláin insists, must provide rehabilitative care for the men it has broken. I have my doubts, however, about the curative powers of any treatment administered by Americans, even civilian psychologists. After all, two of them personally designed and implemented the CIA’s torture program.
The United States should indeed foot the bill for treating not only the 30 men who remain in Guantánamo, but others who have been released and continue to suffer the long-term effects of torture. And of course, it goes without saying that the Biden administration should finally close that illegal prison camp—although that’s not likely to happen. Apparently it’s easier to end an entire war than decide what to do with 30 prisoners.

This photo taken on July 15, 2023 shows a view of Qala-e-Shatir village, where the U.S. forces dropped cluster bombs in 2001, in Herat City of west Afghanistan's Herat province.
(Photo: Mashal/Xinhua via Getty Images)
The United States is an outlier in another arena as well: the production and deployment of arms widely recognized as presenting an immediate or future danger to non-combatants. The U.S. has steadfastly resisted joining conventions outlawing such weaponry, including cluster bombs (or more euphemistically, “cluster munitions”) and landmines.
In fact, the United States deployed cluster bombs in its wars in Iraq, and Afghanistan. (In the previous century, it dropped 270 million of them in Laos alone while fighting the Vietnam War.) Ironically—one might even say, hypocritically—the U.S. joined 146 other countries in condemning Syrian and Russian use of the same weapons in the Syrian civil war. Indeed, former White House press secretary Jen Psaki told reporters that if Russia were using them in Ukraine (as, in fact, it is), that would constitute a “war crime.”
Now the U.S. has sent cluster bombs to Ukraine, supposedly to fill a crucial gap in the supply of artillery shells. Mind you, it’s not that the United States doesn’t have enough conventional artillery shells to resupply Ukraine. The problem is that sending them there would leave this country unprepared to fight two simultaneous (and hypothetical) major wars as envisioned in what the Pentagon likes to think of as its readiness doctrine.
What are cluster munitions? They are artillery shells packed with many individual bomblets, or “submunitions.” When one is fired, from up to 20 miles away, it spreads as many as 90 separate bomblets over a wide area, making it an excellent way to kill a lot of enemy soldiers with a single shot.
They can, in other words, lie in wait long after a war is over, sowing farmland and forest with deadly booby traps.
What places these weapons off-limits for most nations is that not all the bomblets explode. Some can stay where they fell for years, even decades, until as a New York Times editorial put it, “somebody—often, a child spotting a brightly colored, battery-size doodad on the ground—accidentally sets it off.” They can, in other words, lie in wait long after a war is over, sowing farmland and forest with deadly booby traps. That’s why then-Secretary General of the United Nations Ban Ki-moon once spoke of “the world’s collective revulsion at these abhorrent weapons.” That’s why 123 countries have signed the 2008 Convention on Cluster Munitions. Among the holdouts, however, are Russia, Ukraine, and the United States.
According to National Security Advisor Jake Sullivan, the cluster bombs the U.S. has now sent to Ukraine each contains 88 bomblets, with, according to the Pentagon, a failure rate of under 2.5%. (Other sources, however, suggest that it could be 14% or higher.) This means that for every cluster shell fired, at least two submunitions are likely to be duds. We have no idea how many of these weapons the U.S. is supplying, but a Pentagon spokesman in a briefing said there are “hundreds of thousands available.” It doesn’t take much mathematical imagination to realize that they present a real future danger to Ukrainian civilians. Nor is it terribly comforting when Sullivan assures the world that the Ukrainian government is “motivated” to minimize risk to civilians as the munitions are deployed, because “these are their citizens that they’re protecting.”
I for one am not eager to leave such cost-benefit risk calculations in the hands of any government fighting for its survival. That’s precisely why international laws against indiscriminate weapons exist—to prevent governments from having to make such calculations in the heat of battle.
Cluster bombs are only a subset of the weapons that leave behind “explosive remnants of war.” Landmines are another. Like Russia, the United States is not found among the 164 countries that have signed the 1999 Ottawa Convention, which required signatories to stop producing landmines, destroy their existing stockpiles, and clear their own territories of mines.
Ironically, the U.S. routinely donates money to pay for mine clearance around the world, which is certainly a good thing, given the legacy it left, for example, in Vietnam. According to The New York Times in 2018:
“Since the war there ended in 1975, at least 40,000 Vietnamese are believed to have been killed and another 60,000 wounded by American land mines, artillery shells, cluster bombs, and other ordnance that failed to detonate back then. They later exploded when handled by scrap-metal scavengers and unsuspecting children.”

A tourist is wearing a towel on his head o protect from the sun during a heat wave on July 25, 2023 in Athens, Greece.
(Photo: Nikolas Kokovlis/NurPhoto via Getty Images)
As I write this piece, about one-third of this country’s population is living under heat alerts. That’s 110 million people. A heatwave is baking Europe, where 16 Italian cities are under warnings, and Greece has closed the Acropolis to prevent tourists from dying of heat stroke. This summer looks to be worse in Europe than even last year’s record-breaker when heat killed more than 60,000 people. In the U.S., too, heat is by far the greatest weather-related killer. Makes you wonder why Texas Governor Greg Abbott signed a bill eliminating required water breaks for outside workers, just as the latest heat wave was due to roll in.
Meanwhile, New York’s Hudson Valley and parts of Vermont, including its capital Montpelier, were inundated this past week by a once-in-a-hundred-year storm, while in South Korea, workers raced to rescue people whose cars were trapped inside the completely submerged Cheongju tunnel after a torrential monsoon rainfall. Korea, along with much of Asia, expects such rains during the summer, but this year’s—like so many other weather statistics—have been literally off the charts. Journalists have finally experienced a sea change (not unlike the extraordinary change in surface water temperatures in the Atlantic Ocean). Gone are the tepid suggestions that climate change “may play a part” in causing extreme weather events. Reporters around the world now simply assume that’s our reality.
When it comes to confronting the climate emergency, though, the United States has once again been bringing up the rear. As far back as 1992, at the United Nations Earth Summit in Rio de Janeiro, President George H.W. Bush resisted setting any caps on carbon-dioxide emissions. As The New York Times reported then, “Showing a personal interest on the subject, he singlehandedly forced negotiators to excise from the global warming treaty any reference to deadlines for capping emissions of pollutants.” And even then, Washington was resisting the efforts of poorer countries to wring some money from us to help defray the costs of their own environmental efforts.
On July 13, climate envoy John Kerry told a congressional hearing that “under no circumstances” would the United States pay reparations to developing countries suffering the devastating effects of climate change.
Some things don’t change all that much. Although President Joe Biden reversed Donald Trump’s move to pull the U.S. out of the Paris climate accords, his own climate record has been a combination of two steps forward (the green energy transition funding found in the 2022 Inflation Reduction Act, for example) and a big step back (greenlighting the ConocoPhillips Willow oil drilling project on federal land in Alaska’s north slope, not to speak of Senator Joe Manchin’s pride and joy, the $6.6 billion Mountain Valley Pipeline for natural gas).
And when it comes to remediating the damage our emissions have done to poorer countries around the world, this country is still a day late and billions of dollars short. In fact, on July 13, climate envoy John Kerry told a congressional hearing that “under no circumstances” would the United States pay reparations to developing countries suffering the devastating effects of climate change. Although at the U.N.’s COP 27 conference in November 2022, the U.S. did (at least in principle) support the creation of a fund to help poorer countries ameliorate the effects of climate change, as Reuters reported, “the deal did not spell out who would pay into the fund or how money would be disbursed.”

Fireflies blink in a meadow.
(Photo: iStock/via Getty Images)
I learned a new word recently, solastalgia. It actually is a new word, created in 2005 by Australian philosopher Glenn Albrecht to describe “the distress that is produced by environmental change impacting on people while they are directly connected to their home environment.” Albrecht’s focus was on Australian rural Indigenous communities with centuries of attachment to their particular places, but I think the concept can be extended, at least metaphorically, to the rest of us whose lives are now being affected by the painful presences (and absences) brought on by environmental and climate change: the presence of unprecedented heat, fire, noise, and light; the presence of deadly rain and flooding; and the growing absence of ice at the Earth’s poles or on its mountains. In my own life, among other things, it’s the loss of fireflies and the almost infinite sadness of rarely seeing more than a few faint stars.
Of course, the “best country in the world” wasn’t the only nation involved in creating the horrors I’ve been describing. And the ordinary people who live in this country are not to blame for them. Still, as beneficiaries of this nation’s bounty—its beauty, its aspirations, its profoundly injured but still breathing democracy—we are, as the philosopher Iris Marion Young insisted, responsible for them. It will take organized, collective political action, but there is still time to bring our outlaw country back into what indeed should be a united community of nations confronting the looming horrors on this planet. Or so I hope and believe.
For entrenched elites in Washington, using taxpayer money to shred the bodies of children and other civilians isn’t a big deal when there’s serious geopolitical work to be done.
“In a dark time,” poet Theodore Roethke wrote, “the eye begins to see.”
Stanley Kunitz observed: “In a murderous time / the heart breaks and breaks / and lives by breaking.”
In the current murderous time, amid the dim media swirl, acuity arrived for some with the news that President Biden had approved sending cluster munitions to Ukraine. For entrenched elites in Washington, using taxpayer money to shred the bodies of children and other civilians isn’t a big deal when there’s serious geopolitical work to be done.
The same White House that correctly put cluster munitions in the category of a war crime when Russia began using them in Ukraine last year is now saying they’re just fine—when the U.S. supplies them to an ally.
While we should emphatically condemn Russia’s vicious war on Ukraine, we should be under no illusions about the moral character of U.S. foreign policy.
Top administration officials have been quick to emphasize the toughness of the choice. “It was a very difficult decision on my part,” Biden said.
That reminds me of the infamous 60 Minutes interview with Madeleine Albright, then the U.S. ambassador to the United Nations, in May of 1996. CBS correspondent Lesley Stahl brought up impacts of the U.S.-led sanctions on Iraq, saying “we have heard that a half a million children have died,” and then asked: “Is the price worth it?”
Albright replied: “I think this is a very hard choice, but the price—we think the price is worth it.”
Eight months later, acting on the nomination of Albright to be secretary of state, the Senate confirmed her. The vote was 99-0. Maybe it would not have been unanimous if any of the senators’ children had died while she declared their deaths to be “worth it.”
Like Albright’s “very hard choice,” Biden’s “very difficult decision” was based on convenient abstractions and, ultimately, a willingness to sacrifice the lives of countless others, while claiming pristine virtue. Defending the president’s cluster-munitions decision, no one on the Biden team need worry that one of their own children might pick up a U.S.-supplied “bomblet” someday, perhaps mistaking it for a toy, only to be instantly assaulted with shrapnel.
The Republicans and Democrats on Capitol Hill who’ve been trying for the last week to justify shipping cluster weapons to Ukraine are evading a basic truth that BBC correspondent John Simpson reported long ago, in May 1999, while U.S.-led NATO forces were dropping cluster bombs onto the streets of Nis, Serbia’s third-largest city: “Used against human beings, cluster bombs are some of the most savage weapons of modern warfare.”
At the time, the San Francisco Chronicle reported: “In a street leading from the market, dismembered bodies were strewn among carrots and other vegetables in pools of blood. A dead woman, her body covered with a sheet, was still clutching a shopping bag filled with carrots.”
Today, with political fashion treating “diplomacy” as a dirty word, the resolute militarism of the U.S. government is bipartisan. While we should emphatically condemn Russia’s vicious war on Ukraine, we should be under no illusions about the moral character of U.S. foreign policy.
For example: During three presidencies, beginning with Barack Obama, the U.S. government has aided and abetted the Saudi-led war on Yemen, where the death toll since 2015 is now estimated at close to 400,000. Biden’s high-profile fist bump with Saudi ruler Mohammed bin Salman a year ago tells us a lot about the extent of the U.S. commitment to basic human decency in foreign affairs.
The murderous time that we live in now, organized as war, is reflexively blamed only on the barbarism of others. But President Biden’s decision to provide cluster munitions to Ukraine is shocking to many Americans because it has undermined illusions with no more actual solidity than sand castles before the tide of truth comes in.
In a dark time, the eye begins to see.