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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 Convention on Cluster Munitions provides a vital framework for ending the immediate and long-term harm and suffering caused by these abhorrent weapons," said one of the treaty's architects.
The overwhelming majority of cluster bomb casualties last year were civilians, with children making up nearly half of those killed or maimed by remnants of the internationally banned munitions, a report published Monday revealed.
Human Rights Watch (HRW) published its annual Cluster Munition Monitor report, which "details the policy and practice of all countries with respect to the international treaty that prohibits cluster munitions and requires destruction of stockpiles, clearance of areas contaminated by cluster munition remnants, and victim assistance."
That treaty, the landmark Convention on Cluster Munitions, has been ratified by 112 nations. However, numerous countries that are not parties to the agreement—including Myanmar, Russia, Syria, Ukraine, and the United States—continued to use or sell cluster bombs.
"Cluster munitions can be fired from the ground by artillery, rockets, missiles, or mortars, or dropped by aircraft," HRW explained. "They typically open in the air, dispersing multiple submunitions or bomblets over a wide area. Many submunitions fail to explode on initial impact, leaving unexploded duds that can indiscriminately injure and kill like landmines for years, until they are found and destroyed."
The results have been devastating. According to the report, 93% of cluster munition casualties reported by the monitor last year were civilians, while children made up 47% of those killed or wounded by cluster bomb remnants. Children are particularly vulnerable to unexploded cluster bomblets, which are often mistaken for toys.
According to the report, the following countries suffered more than 1,000 cluster bomb casualties in 2023: Laos (7,810), Syria (4,445), Iraq (3,201), Vietnam (2,135), and Ukraine (1,213).
HRW noted that "Russia has used stocks of old cluster munitions and newly developed models in Ukraine since 2022" and that "between July 2023 and April 2024, U.S. President Joe Biden approved five transfers to Ukraine of U.S. cluster munitions delivered by 155mm artillery projectiles and by ballistic missiles."
Meanwhile, unexploded cluster munitions dropped by the United States during the Vietnam War are still killing and maiming people, mostly children. In Laos, where the U.S. dropped more bombs than all sides in World War II combined, as many as 270 million cluster munitions were sprinkled over the country. Unexploded bomblets have killed an estimated 20,000 Laotians since the end of the war. It is believed that less than 1% of unexploded cluster munitions have been cleared in Laos.
The report highlighted some promising developments:
In December 2023, the convention reached a major milestone when Peru completed the destruction of its stockpiled cluster munitions, as it was the last state party with declared stocks to complete this obligation. Bulgaria, Slovakia, and South Africa announced the completion of the destruction of their respective cluster munition stocks in September 2023. These developments mean that member countries have collectively now destroyed 100% of their declared cluster munition stocks, destroying 1.49 million cluster munitions and 179 million submunitions.
However, there were also setbacks, such as legislation in Lithuania approving the Baltic nation's withdrawal from the cluster bomb treaty.
"Lithuania's ill-considered move to leave the Convention on Cluster Munitions stains its otherwise excellent reputation on humanitarian disarmament and ignores the risks of civilian harm," said HRW deputy crisis, conflict, and arms director Mary Wareham, who edited the new report. "It's not too late for Lithuania to heed calls to stop its planned withdrawal."
Speaking more broadly of the new report, Wareham—a joint recipient of the 1997 Nobel Peace Prize for her work with the International Campaign to Ban Landmines—said that "the Convention on Cluster Munitions provides a vital framework for ending the immediate and long-term harm and suffering caused by these abhorrent weapons."
"All countries should join and adhere to the convention if they are serious about protecting civilians from these weapons in the face of rising conflict," Wareham added.
"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.
Nobel laureate Mary Wareham admonished nonsignatories to the Convention on Cluster Munitions to join "without delay" as Bulgaria, Slovakia, and South Africa said they have dismantled their arsenals.
As the U.S. gives cluster bombs to Ukraine—and as the Biden administration reportedly moves to send longer-range missiles armed with them to Kyiv—three nations this week said they've finished destroying their stockpiles of the internationally banned weapons amid renewed calls for more countries to join the Convention on Cluster Munitions.
The 11th meeting of parties to the 2008 Convention on Cluster Munitions (CCM), to which 112 nations are party, wrapped up Thursday in Geneva on a high note as Bulgaria, Slovakia, and South Africa announced that they have completed the destruction of a combined 9,582 bombs and 585,422 bomblets. South Africa is the only country that once possessed but gave up both nuclear weapons and cluster bombs.
"Countries that have joined the Convention on Cluster Munitions have repeatedly demonstrated their commitment to destroy their stockpiles, clear remnants, and oppose the weapon's use," said Human Rights Watch acting arms director Mary Wareham, who played a key role in the CCM's success.
"The main concern remains with countries unwilling to ban the weapon that may continue to use them now or start using them in the future," added Wareham, who was also jointly awarded the 1997 Nobel Peace Prize for her work with the International Campaign to Ban Landmines.
As Common Dreams reported earlier this month, the refusal of countries including Russia, Ukraine, and the United States to end the use and transfer of cluster munitions caused nearly 1,000 civilian casualties last year.
"Countries that have not banned cluster munitions should heed the call of the United Nations secretary-general and join the convention without delay," Wareham asserted.
A youth contingent of the advocacy group Mine Action Fellows, members of which attended the Geneva meeting, said in a statement that "while we have much to celebrate, we cannot ignore the harm done by states not party and the escalation in deaths from cluster munitions."
"Producing, using, and transferring cluster munitions by any actor, under any circumstance is unacceptable," the group added. "We call for an immediate stop to the transfer and use of this indiscriminate weapon."
The remarks from Wareham and Mine Action Fellows came as the Biden administration is reportedly close to approving the shipment of longer-range ballistic missiles armed with cluster munitions to Ukrainian forces defending their country from a 19-month Russian invasion. This, after the U.S. began sending 155mm artillery shells to Kyiv earlier this summer. Russian and Ukrainian forces have both killed and wounded soldiers and civilians with cluster bombs during the war.
Earlier this month, the U.S. also started sending Ukraine depleted uranium munitions, which have been linked to birth defects, miscarriages, and cancers after their use by U.S. forces in Iraq and Yugoslavia.
Multiple congressional efforts to prohibit the export of U.S. cluster munitions to any country have failed to advance. Earlier this summer, the Republican-controlled House Rules Committee voted down a resolution proposed by Reps. Ilhan Omar (D-Minn.) and Sara Jacobs (D-Calif.), while backing a new one led by Rep. Marjorie Taylor Greene (R-Ga.)—whose controversial sponsorship doomed the measure.
The latest effort to thwart the transfer of cluster bombs is an amendment spearheaded by Jacobs and Rep. Matt Gaetz (R-Fla.), with Reps. Jesús "Chuy" García (D-Ill.), Barbara Lee (D-Calif.), Thomas Massie (R-Ky.), Jim McGovern (D-Mass.), Andrea Salinas (D-Ore.), Rashida Tlaib (D-Mich.), and Jill Tokuda (D-Hawaii) as co-sponsors.
"Sending cluster munitions anywhere in the world makes the United States complicit in the unavoidable and inevitable civilian harm that follows," Jacobs told The Intercept on Thursday. "No amount of guardrails or promised precautions are enough because these weapons are unpredictable and maim and kill indiscriminately—potentially years after their intended use."
Claiming that the U.S. "has a strong reputation for upholding human rights around the world," Jacobs added that "that message is muddied when we're willing to send these weapons that are infamous for the carnage they cause."
Since the end of the Vietnam War, unexploded cluster munitions—which can look like inviting toys to children who find them—have killed approximately 20,000 civilians in Laos, where the U.S. dropped more bombs than all sides in World War II combined. The U.S. dropped as many as 270 million cluster bombs on Laos, and less than 1% of the unexploded bomblets have been cleared since. They are still killing civilians to this day.
"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."
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.
One campaigner warned the move "will contribute to the terrible casualties being suffered by Ukrainian civilians both immediately and for years to come."
President Joe Biden has reportedly given final approval for the transfer of U.S. cluster munitions to Ukraine, ignoring warnings from human rights groups and progressive lawmakers who underscored the indiscriminate weapons' devastating impacts on civilians immediately upon use and far into the future.
According to The Washington Post, a drawdown of the globally deplored weapons from Pentagon stocks is set to be formally announced on Friday. The U.S., which has used the weapons around the world, is believed to possess more than 3 million cluster munitions containing over 400 million submunitions.
More than 120 countries have signed the United Nations Convention on Cluster Munitions, which prohibits the use or stockpiling of the weapons. But the U.S., Russia, and Ukraine have opposed global efforts to ban the weapons, which are notorious for failing to explode on impact and littering landscapes with what are effectively landmines.
Human Rights Watch (HRW), which urged the Biden administration not to transfer the weapons to Ukraine, has documented the use of cluster munitions by both Russian and Ukrainian forces since the start of the war last year.
"We can support the people of Ukraine in their freedom struggle, while also opposing violations of international law."
The Cluster Munition Coalition, a global civil society campaign working to eradicate the weapons, said it was "appalled" by the U.S. president's approval of the transfer to Ukraine.
"The Biden administration's decision to transfer cluster munitions will contribute to the terrible casualties being suffered by Ukrainian civilians both immediately and for years to come," said Paul Hannon, vice chair of the coalition's governance board. "Russia and Ukraine's use of cluster munitions is adding to Ukraine's already massive contamination from explosive remnants and landmines."
The Post reported Friday that "the principal weapon under consideration, an M864 artillery shell first produced in 1987, is fired from the 155mm howitzers the United States and other Western countries have provided Ukraine."
"In its last publicly available estimate, more than 20 years ago, the Pentagon assessed that artillery shell to have a 'dud' rate of 6%, meaning that at least four of each of the 72 submunitions each shell carries would remain unexploded across an area of approximately 22,500 square meters—roughly the size of 4½ football fields," the Post added.
So if US provides at least 100,000 cluster bombs
And each one has at least 4 duds
Ukraine will be littered with at least 400,000 unexploded bomblets
Congress MUST pass @RepSaraJacobs #NDAA amendment to block this transfer and protect Ukrainian kids.https://t.co/HekzoUh77W https://t.co/ABa0j4ycKl pic.twitter.com/Slc7Rzl62I
— Just Foreign Policy (@justfp) July 7, 2023
In order to deliver the weapons to Ukraine, the Post noted, Biden is trampling on "U.S. law prohibiting the production, use, or transfer of cluster munitions with a failure rate of more than 1%."
Mary Wareham, advocacy director of the arms division of HRW, told the newspaper that "it's dismaying to see the long-established 1% unexploded ordnance standard for cluster munitions rolled back as this will result in more duds, which means an even greater threat to civilians, including de-miners."
HRW released a report this week detailing its research showing that "Ukrainian cluster munition rocket attacks on Russian-controlled areas in and around the city of Izium in eastern Ukraine during 2022 caused many casualties among Ukrainian civilians."
"Transferring these weapons would inevitably cause long-term suffering for civilians and undermine the international opprobrium of their use," the group said. "The use of cluster munitions in areas with civilians makes an attack indiscriminate in violation of international humanitarian law, and possibly a war crime."
Reports that Biden has approved the munitions transfer to Ukraine—which has repeatedly pressed the White House for the weapons—came after Germany, a NATO member and U.S. ally, expressed opposition to sending the bombs to Ukraine, citing its commitments under the Convention on Cluster Munitions.
In the U.S., progressive Reps. Sara Jacobs (D-Calif.) and Ilhan Omar (D-Minn.) on Thursday proposed an amendment to the nation's annual military policy bill that would prohibit the transfer or sale of cluster munitions.
"If the U.S. is going to be a leader on international human rights, we must not participate in human rights abuses," Omar told Politico. "We can support the people of Ukraine in their freedom struggle, while also opposing violations of international law."
A human rights watchdog said Wednesday it has fresh evidence the Saudi-led coalition used U.S. cluster bombs, resulting in the deaths of dozens of civilians in Yemen.
Human Rights Watch said it identified United States-made ground-launched M26 cluster munition rockets that were likely used in seven attacks in the country's northwestern Hajja governorate between late April and mid-July. The group said it visited four of the seven sites and also spoke with witnesses of the attacks who said that three children were among the 13 civilians killed in the attacks. The group viewed photographic evidence of unexploded munition remnants at the other sites, it said.
HRW adds in a media statement: "Several of the attacks took place in or near areas with concentrations of civilians, indicating that the rocket attacks themselves may have been unlawfully indiscriminate in violation of the laws of war."
"The loss of civilian life in Hajja shows why most countries have committed never to use cluster munitions," said Ole Solvang, senior emergencies researcher with HRW. "These weapons not only kill or injure people at the time of the attack, but the unexploded submunitions go on killing long afterward."
Neither the U.S., Saudi Arabia, or Yemen have joined the Convention on Cluster Munitions, which bans their use.
HRW has previously warned that the coalition has used cluster munitions, and an anonymous Pentagon official told U.S. News this month that "the U.S. is aware that Saudi Arabia has used cluster munitions in Yemen."
Inter Press Service reported last week:
The United States is providing a thinly-veiled cover virtually legitimizing the use of cluster bombs - banned by an international convention - by Saudi Arabia and its allies in their heavy fighting against Houthi rebels in Yemen.
Asked if cluster bombs are legitimate weapons of war, "if used appropriately", U.S. State Department spokesman John Kirby told reporters: "If used appropriately, there are end-use regulations regarding the use of them. But yes, when used appropriately and according (to) those end-use rules, it's permissible."
Over 4,000 people have been killed in the conflict in Yemen since March. Though international aid groups continue to warn of the dire humanitarian situation gripping the impoverished country, it remains a largely ignored crisis.
Peter Maurer, President of the International Committee of the Red Cross, said this month, "The humanitarian situation is nothing short of catastrophic. Every family in Yemen has been affected by this conflict. The people are facing immense hardship. And it is getting worse by the day.
"The world needs to wake up to what is going on," said Maurer.
See more on HRW's new findings in the group's video below:
UNITED NATIONS - The United States is providing a thinly-veiled cover virtually legitimizing the use of cluster bombs - banned by an international convention - by Saudi Arabia and its allies in their heavy fighting against Houthi rebels in Yemen.
Asked if cluster bombs are legitimate weapons of war, "if used appropriately", U.S. State Department spokesman John Kirby told reporters: "If used appropriately, there are end-use regulations regarding the use of them. But yes, when used appropriately and according (to) those end-use rules, it's permissible."
But Steve Goose of Human Rights Watch told IPS the State Department official refers to "end use regulations."
"Any recipient of U.S. cluster munitions has to agree not to use them in populated areas. Saudi Arabia may be violating that requirement. State and Defense Department officials are looking into that," he said.
The Saudi-led coalition of Arab states, which has been uninterruptedly bombing rebel-controlled Yemen, includes Egypt, Jordan, Morocco, Sudan, the United Arab Emirates, Kuwait, Qatar and Bahrain.
The 80 non-signatories to the convention include all 10 countries, plus Yemen. The United States, which provides intelligence to the Saudi-led coalition, is also a non-signatory.
Asked whether it would be alarming or disconcerting if the coalition is using American-supplied cluster bombs, Kirby told reporters early this week: "I would just tell you that we remain in close contact, regular contact with the Saudi Government on a wide range of issues in Yemen.
"We've urged all sides in the conflict - you've heard me say this before - including the Saudis, to take proactive measures to minimize harm to civilians. We have discussed reports of the alleged use of cluster munitions with the Saudis," he added.
Goose said a U.S. Defense Department official has already said the U.S. is aware that Saudi Arabia has used cluster munitions, so there is no real need for the State Department to confirm or deny.
"Cluster munitions should not be used by anyone, anywhere, at any time due to the foreseeable harm to civilians," Goose added.
He also said the States Parties to the Convention on Cluster Munitions are meeting for the first Five Year Review Conference of the convention next month and are expected to condemn Saudi use and call for a halt.
Cluster bombs have also been used in Syria, South Sudan, Ukraine and by a non-state actor, the Islamic State of Iraq and Syria (ISIS), among others.
The Convention on Cluster Munitions, which was adopted in 2008, entered into force in 2010. A total of 117 states have joined the Convention, with 93 States parties who have signed and ratified the treaty.
The convention, which bans cluster munitions, requires the destruction of stockpiles, clearance of areas contaminated by cluster munition remnants, and assistance to victims.
Human Rights Watch, a founding member of the international Cluster Munition Coalition, the civil society campaign behind the Convention on Cluster Munitions and publisher of Cluster Munition Monitor 2014, said last May that banned cluster munitions have wounded civilians, including a child, in attacks in Houthi-controlled territory in northern Yemen.
HRW is preparing another report on new use of cluster munitions, scheduled to be released next week.
On Sept. 3, the Cluster Munition Monitor 2015, which provides a global overview of states' adherence to the ban convention, will be released in Geneva.
An HRW team, in a report released after a visit to the Saada governorate in northern Yemen, said the Saudi-led coalition and other warring parties in Yemen "need to recognize that using banned cluster munitions is very likely to harm civilians."
Ole Solvang, senior emergencies researcher at HRW, said, "These weapons can't distinguish military targets from civilians, and their unexploded sub-munitions threaten civilians, especially children, even long after the fighting."
In one attack, which wounded three people, at least two of them most likely civilians, the cluster munitions were air-dropped, pointing to the Saudi-led coalition as responsible because it is the only party using aircraft.
In a second attack, which wounded four civilians, including a child, HRW said it was not able to determine responsibility because the cluster munitions were ground-fired conclusively, but the attack was on an area that has been under attack by the Saudi-led coalition.
In these and other documented cluster munition attacks, HRW has identified the use of three types of cluster munitions in Yemen and called upon the United States to denounce their use.
HRW also said the discovery of cluster munitions in Houthi-controlled territory that had been attacked by coalition aircraft on previous occasions and the location within range of Saudi artillery suggest that Saudi forces fired the cluster munitions, but further investigation is needed to determine responsibility conclusively.