Cluster Munitions

What are governments doing? Following calls by international and continue the development of a legally in the Oslo Process. These standards may CLUSTER MUNITIONS non-governmental organizations, and binding instrument are also set to take be less stringent than those developed in information on the effects of cluster place in Wellington, New Zealand (February the Oslo Process, but could nevertheless munitions from wars in Serbia (Kosovo) 2008) and Dublin, Ireland (May 2008). contribute to addressing the cluster and Lebanon, governments have begun The Oslo Process includes a number of munition problem. Why do we need a new treaty? to respond. There are currently two tracks major military powers and many countries of work at the international level. affected by cluster munitions, and seeks to In addition to progress at the international prohibit cluster munitions causing severe level on cluster munitions, an increasing In February 2007, Norway launched the humanitarian consequences through the number of countries are taking national What does international humanitarian law "Oslo Process" when it invited governments rules of a new treaty. action to ensure that their armed forces say about cluster munitions? supporting the development of new rules do not use or acquire cluster munitions on cluster munitions to a conference in Oslo. Governments are also working within that have unacceptable humanitarian International humanitarian law does n the rule of proportionality, which The Final Declaration of the Conference the Convention on Certain Conventional consequences. Several have adopted not currently contain specific rules on requires that the incidental effects (supported by 46 States) established Weapons (CCW). In January 2008, States moratoria on the use, production and cluster munitions. Like other weapons, of the attack on civilians and civilian several common goals, which include the Parties began to "negotiate a proposal" transfer of cluster munitions or have their use in armed conflict is regulated objects not be excessive in relation adoption of a legally binding international to address the humanitarian impact of enacted laws banning cluster munitions. by the general rules of IHL governing the to the concrete and direct military instrument prohibiting "cluster munitions cluster munitions. However, the goal Other States have adopted or are planning conduct of hostilities. These rules restrict advantage anticipated. that cause unacceptable harm to civilians" of this work is less precise than that of to adopt procurement policies whereby how weapons may be used and identify by the end of 2008 and establishing a the Oslo Process. It is yet unclear if CCW they would only acquire or use cluster measures that must be taken to limit their Yet despite these rules, cluster munitions framework for cooperation and assistance governments are negotiating a legally munitions with a high reliability or which REUTERS/Damir Sagoli impact on civilians. have caused large numbers of civilian for the care and rehabilitation of survivors, binding treaty, non-binding best practices have self-destruct or self-neutralization casualties both during and after conflicts. the clearance of contaminated areas, or a political declaration. The CCW includes features. Importantly, countries are also The general rules most relevant to cluster This raises important questions as to how risk education, and the destruction of all major military powers, including the removing from service certain types overview munitions include: the above IHL rules are interpreted and prohibited cluster munitions. Follow- main users and producers of cluster of cluster munition that have caused Despite the existing rules of how rigorously they are being applied to up meetings in Lima, Peru (23 to 25 munitions, but fewer States affected by significant civilian harm or pose a serious international humanitarian law n the rule of distinction, which requires cluster munitions, given the inaccuracy May 2007) and Vienna, Austria (5 to 7 cluster munitions have participated in the risk to civilians due to their high failure that in conducting an attack a distinction and unreliability of these weapons. It can December 2007), attended by more than work of the Convention. The CCW could rates and inaccuracy. (IHL), cluster munitions have caused must be made between civilians and also be questioned whether, in the light 130 countries, began to consider these produce standards that would be adhered significant civilian casualties in the combatants and between civilian of the IHL rules mentioned above, such issues in greater detail. Meetings to to by important States not participating conflicts in which they have been objects and military objectives; weapons can legitimately be used against used. Better implementation of military objectives in populated areas. n the prohibition of indiscriminate IHL, including the recently adopted attacks; Protocol on Explosive Remnants Does the ICRC have a preference as to where a new treaty on cluster of War, will not fully resolve the munitions is negotiated (i.e. within the framework of the Oslo Process problems caused by these weapons. or of the Convention on Certain Conventional Weapons (CCW))? The ICRC believes that specific rules Cluster munitions pose a particular risk to civilians on cluster munitions are needed when used in or near populated areas. The ICRC is prepared to contribute to the important that the negotiating process are, thus far, less clear. States have agreed and that, as a matter of urgency, Sean Sutton/Panos Pictures development of the strongest possible have clear objectives and a time frame, to "negotiate a proposal" to address the the international community protection for civilians from cluster so as to avoid unproductive work. States humanitarian impact of cluster munitions munitions, in any forum in which this participating in the Oslo Process work in that framework. Until further clarity should conclude a new treaty that issue is being discussed. It will therefore within its objectives of concluding a on State positions and the collective would prohibit the use, production, contribute to the work of States in both treaty in 2008 that will prohibit cluster intention of CCW States is available, it is stockpiling and transfer of inaccurate the CCW and the Oslo Process. munitions that cause "unacceptable harm difficult to evaluate the contribution this and unreliable cluster munitions; to civilians". The ICRC and the entire Red process might make. The ICRC will urge However, the ICRC has consistently Cross and Red Crescent Movement has CCW States to embed any norms that require the elimination of current said that it seeks the strongest possible urged these governments to fulfill their can be agreed within the CCW framework stocks of these weapons and provide protection of civilians from these commitment to negotiate and conclude in legally binding rules, as opposed to for victim assistance, the clearance weapons. We believe it is important to such a treaty in 2008. codes of conduct or best practices, for of cluster munitions and activities have an instrument that is strong, clear, example. easily implemented and will make a real The objectives of the process to address to minimize the impact of these difference on the ground. It is therefore cluster munitions in the CCW framework weapons on civilian populations.

International Committee of the Red Cross 19, avenue de la Paix 1202 Geneva, Switzerland T + 41 22 734 60 01 F + 41 22 733 20 57 E-mail: [email protected] For further information, visit www.icrc.org © ICRC, February 2008 www.icrc.org/eng/cluster-munitions 0946/002 02.2008 3000 Shouldn't the emphasis be on promoting and implementing What does the ICRC mean by inaccurate and existing IHL rather than the development of new rules on cluster unreliable cluster munitions? munitions? The term "inaccurate" is used to refer to The term "unreliable" describes the fact Wide adherence to and implementation dum-dum bullets, anti-personnel mines had serious consequences for civilians. submunitions that cannot be precisely that large numbers of submunitions fail of IHL treaties are important objectives. and incendiary weapons, each of which If more forces acquire these weapons, targeted once they are released from the to explode as intended on impact. This History has shown, however, that there are is now the subject of specific treaties that including less professional forces, the cluster munition container. Thus, they fall makes them a long-term danger to the particular problems with cluster munitions, supplement general IHL rules. problem is likely to get even worse. In to the ground unguided. Their small size, civilian population. Submunition failure and that simple reliance on implementation view of the specific characteristics of their use of parachutes and ribbons and rates have been significant in nearly every of the general rules has not been adequate In addition, in most conflicts where cluster these weapons, the ICRC believes that other features mean that their descent conflict in which these weapons have to prevent tremendous human suffering munitions have been used, the users of the existing IHL rules are not enough is often affected by weather (wind, air been used. The uncertain failure rates when these weapons have been used. these weapons were professional armed and that there is an urgent need for density, etc.) and they may land far from of cluster munitions make it difficult to This has also been the case in the past forces well trained in IHL. Yet even when specific regulations on cluster munitions, the intended target. These characteristics understand how a reliable assessment can with chemical and biological weapons, used by such forces, cluster munitions have including prohibitions. raise questions as to whether the user be made in accordance with the IHL rule is able to distinguish between military of proportionality mentioned above. objectives and civilians as required by IHL, particularly when such weapons are used in populated areas. Doesn't the Protocol on Explosive Remnants Cluster munitions don't always explode of War address the problems caused by on impact, making them a long-term Why isn't the ICRC danger to communities. cluster munitions? AFP/Karim Sahib A child examines the bomb marks left on the calling for a ban on pavement of his village after cluster munitions were used. The Protocol on Explosive Remnants of War However, the Protocol does not contain all cluster munitions? REUTERS/Desmond Boylan (Protocol V to the Convention on Certain specific restrictions on the use of any Conventional Weapons) is intended weapon. It therefore does not address At present, there is no agreed definition to reduce the post-conflict dangers to the wide area effects of cluster munitions of the term “cluster munition”. In CLUSTER MUNITIONS civilians from all forms of unexploded and at the time of use or the dangers for general, any weapon that releases abandoned explosive ordnance (referred civilians caught in a cluster munition multiple explosive submunitions could to as explosive remnants of war). This attack. In addition, the Protocol contains be considered a cluster munition. The treaty provides a framework for the rapid no specific requirement to reduce the ICRC uses the terms "inaccurate" and clearance of these weapons, including failure rate of cluster munitions – or "unreliable" to describe the characteristics cluster munitions, after the end of active any other weapon – in order to reduce of those cluster munitions that have hostilities. Among other things, it requires the level of contamination. As cluster caused the extensive humanitarian each party to an armed conflict to clear munitions account for a high percentage problems seen in past conflicts. The – or provide assistance for the clearance of unexploded ordnance in conflicts proposed measures would go a long of – any failed or abandoned explosive where they have been used, neither the way towards eliminating the cluster munitions that result from its operations, Protocol nor available resources will be munitions that pose such problems. It and to rapidly make information on the adequate if the use and proliferation of should be borne in mind that a very large types and locations of munitions used cluster munitions continue. proportion of existing stocks contain old available to clearance agencies. models (20–30 years old or more), which have problems of accuracy and reliability. While some newer models incorporate self-destruct mechanisms to destroy the submunition if the main fuse fails to What is the ICRC position on cluster explode as intended, these features have munitions? fallen short of expectations and have not provided an adequate solution to the reliability problem. The ICRC believes that the international n provide for victim assistance, the community must address the cluster clearance of cluster munitions and Developing a definition of cluster munition problem as a matter of urgency. activities to minimize the impact of these munitions and drawing up precise The ICRC has therefore called for a new weapons on civilian populations. definitions of those types to be prohibited treaty that will: will be part of the process of negotiating Until such a treaty is adopted, the ICRC a legally binding treaty. It will be up to n prohibit the use, development, has called on States to unilaterally and governments to take responsibility for production, stockpiling and transfer immediately end the use of such weapons, judging which, if any, cluster munitions of inaccurate and unreliable cluster not to transfer them to anyone and to are not inaccurate and unreliable. munitions; destroy existing stocks. Governments seeking to exclude models with certain characteristics from a n require the elimination of current stocks prohibition will need to prove that these of inaccurate and unreliable cluster weapons will not create the humanitarian munitions; problems seen in past conflicts. Shouldn't the emphasis be on promoting and implementing What does the ICRC mean by inaccurate and existing IHL rather than the development of new rules on cluster unreliable cluster munitions? munitions? The term "inaccurate" is used to refer to The term "unreliable" describes the fact Wide adherence to and implementation dum-dum bullets, anti-personnel mines had serious consequences for civilians. submunitions that cannot be precisely that large numbers of submunitions fail of IHL treaties are important objectives. and incendiary weapons, each of which If more forces acquire these weapons, targeted once they are released from the to explode as intended on impact. This History has shown, however, that there are is now the subject of specific treaties that including less professional forces, the cluster munition container. Thus, they fall makes them a long-term danger to the particular problems with cluster munitions, supplement general IHL rules. problem is likely to get even worse. In to the ground unguided. Their small size, civilian population. Submunition failure and that simple reliance on implementation view of the specific characteristics of their use of parachutes and ribbons and rates have been significant in nearly every of the general rules has not been adequate In addition, in most conflicts where cluster these weapons, the ICRC believes that other features mean that their descent conflict in which these weapons have to prevent tremendous human suffering munitions have been used, the users of the existing IHL rules are not enough is often affected by weather (wind, air been used. The uncertain failure rates when these weapons have been used. these weapons were professional armed and that there is an urgent need for density, etc.) and they may land far from of cluster munitions make it difficult to This has also been the case in the past forces well trained in IHL. Yet even when specific regulations on cluster munitions, the intended target. These characteristics understand how a reliable assessment can with chemical and biological weapons, used by such forces, cluster munitions have including prohibitions. raise questions as to whether the user be made in accordance with the IHL rule is able to distinguish between military of proportionality mentioned above. objectives and civilians as required by IHL, particularly when such weapons are used in populated areas. Doesn't the Protocol on Explosive Remnants Cluster munitions don't always explode of War address the problems caused by on impact, making them a long-term Why isn't the ICRC danger to communities. cluster munitions? AFP/Karim Sahib A child examines the bomb marks left on the calling for a ban on pavement of his village after cluster munitions were used. The Protocol on Explosive Remnants of War However, the Protocol does not contain all cluster munitions? REUTERS/Desmond Boylan (Protocol V to the Convention on Certain specific restrictions on the use of any Conventional Weapons) is intended weapon. It therefore does not address At present, there is no agreed definition to reduce the post-conflict dangers to the wide area effects of cluster munitions of the term “cluster munition”. In CLUSTER MUNITIONS civilians from all forms of unexploded and at the time of use or the dangers for general, any weapon that releases abandoned explosive ordnance (referred civilians caught in a cluster munition multiple explosive submunitions could to as explosive remnants of war). This attack. In addition, the Protocol contains be considered a cluster munition. The treaty provides a framework for the rapid no specific requirement to reduce the ICRC uses the terms "inaccurate" and clearance of these weapons, including failure rate of cluster munitions – or "unreliable" to describe the characteristics cluster munitions, after the end of active any other weapon – in order to reduce of those cluster munitions that have hostilities. Among other things, it requires the level of contamination. As cluster caused the extensive humanitarian each party to an armed conflict to clear munitions account for a high percentage problems seen in past conflicts. The – or provide assistance for the clearance of unexploded ordnance in conflicts proposed measures would go a long of – any failed or abandoned explosive where they have been used, neither the way towards eliminating the cluster munitions that result from its operations, Protocol nor available resources will be munitions that pose such problems. It and to rapidly make information on the adequate if the use and proliferation of should be borne in mind that a very large types and locations of munitions used cluster munitions continue. proportion of existing stocks contain old available to clearance agencies. models (20–30 years old or more), which have problems of accuracy and reliability. While some newer models incorporate self-destruct mechanisms to destroy the submunition if the main fuse fails to What is the ICRC position on cluster explode as intended, these features have munitions? fallen short of expectations and have not provided an adequate solution to the reliability problem. The ICRC believes that the international n provide for victim assistance, the community must address the cluster clearance of cluster munitions and Developing a definition of cluster munition problem as a matter of urgency. activities to minimize the impact of these munitions and drawing up precise The ICRC has therefore called for a new weapons on civilian populations. definitions of those types to be prohibited treaty that will: will be part of the process of negotiating Until such a treaty is adopted, the ICRC a legally binding treaty. It will be up to n prohibit the use, development, has called on States to unilaterally and governments to take responsibility for production, stockpiling and transfer immediately end the use of such weapons, judging which, if any, cluster munitions of inaccurate and unreliable cluster not to transfer them to anyone and to are not inaccurate and unreliable. munitions; destroy existing stocks. Governments seeking to exclude models with certain characteristics from a n require the elimination of current stocks prohibition will need to prove that these of inaccurate and unreliable cluster weapons will not create the humanitarian munitions; problems seen in past conflicts. What are governments doing? Following calls by international and continue the development of a legally in the Oslo Process. These standards may CLUSTER MUNITIONS non-governmental organizations, and binding instrument are also set to take be less stringent than those developed in information on the effects of cluster place in Wellington, New Zealand (February the Oslo Process, but could nevertheless munitions from wars in Serbia (Kosovo) 2008) and Dublin, Ireland (May 2008). contribute to addressing the cluster and Lebanon, governments have begun The Oslo Process includes a number of munition problem. Why do we need a new treaty? to respond. There are currently two tracks major military powers and many countries of work at the international level. affected by cluster munitions, and seeks to In addition to progress at the international prohibit cluster munitions causing severe level on cluster munitions, an increasing In February 2007, Norway launched the humanitarian consequences through the number of countries are taking national What does international humanitarian law "Oslo Process" when it invited governments rules of a new treaty. action to ensure that their armed forces say about cluster munitions? supporting the development of new rules do not use or acquire cluster munitions on cluster munitions to a conference in Oslo. Governments are also working within that have unacceptable humanitarian International humanitarian law does n the rule of proportionality, which The Final Declaration of the Conference the Convention on Certain Conventional consequences. Several have adopted not currently contain specific rules on requires that the incidental effects (supported by 46 States) established Weapons (CCW). In January 2008, States moratoria on the use, production and cluster munitions. Like other weapons, of the attack on civilians and civilian several common goals, which include the Parties began to "negotiate a proposal" transfer of cluster munitions or have their use in armed conflict is regulated objects not be excessive in relation adoption of a legally binding international to address the humanitarian impact of enacted laws banning cluster munitions. by the general rules of IHL governing the to the concrete and direct military instrument prohibiting "cluster munitions cluster munitions. However, the goal Other States have adopted or are planning conduct of hostilities. These rules restrict advantage anticipated. that cause unacceptable harm to civilians" of this work is less precise than that of to adopt procurement policies whereby how weapons may be used and identify by the end of 2008 and establishing a the Oslo Process. It is yet unclear if CCW they would only acquire or use cluster measures that must be taken to limit their Yet despite these rules, cluster munitions framework for cooperation and assistance governments are negotiating a legally munitions with a high reliability or which REUTERS/Damir Sagoli impact on civilians. have caused large numbers of civilian for the care and rehabilitation of survivors, binding treaty, non-binding best practices have self-destruct or self-neutralization casualties both during and after conflicts. the clearance of contaminated areas, or a political declaration. The CCW includes features. Importantly, countries are also The general rules most relevant to cluster This raises important questions as to how risk education, and the destruction of all major military powers, including the removing from service certain types overview munitions include: the above IHL rules are interpreted and prohibited cluster munitions. Follow- main users and producers of cluster of cluster munition that have caused Despite the existing rules of how rigorously they are being applied to up meetings in Lima, Peru (23 to 25 munitions, but fewer States affected by significant civilian harm or pose a serious international humanitarian law n the rule of distinction, which requires cluster munitions, given the inaccuracy May 2007) and Vienna, Austria (5 to 7 cluster munitions have participated in the risk to civilians due to their high failure that in conducting an attack a distinction and unreliability of these weapons. It can December 2007), attended by more than work of the Convention. The CCW could rates and inaccuracy. (IHL), cluster munitions have caused must be made between civilians and also be questioned whether, in the light 130 countries, began to consider these produce standards that would be adhered significant civilian casualties in the combatants and between civilian of the IHL rules mentioned above, such issues in greater detail. Meetings to to by important States not participating conflicts in which they have been objects and military objectives; weapons can legitimately be used against used. Better implementation of military objectives in populated areas. n the prohibition of indiscriminate IHL, including the recently adopted attacks; Protocol on Explosive Remnants Does the ICRC have a preference as to where a new treaty on cluster of War, will not fully resolve the munitions is negotiated (i.e. within the framework of the Oslo Process problems caused by these weapons. or of the Convention on Certain Conventional Weapons (CCW))? The ICRC believes that specific rules Cluster munitions pose a particular risk to civilians on cluster munitions are needed when used in or near populated areas. The ICRC is prepared to contribute to the important that the negotiating process are, thus far, less clear. States have agreed and that, as a matter of urgency, Sean Sutton/Panos Pictures development of the strongest possible have clear objectives and a time frame, to "negotiate a proposal" to address the the international community protection for civilians from cluster so as to avoid unproductive work. States humanitarian impact of cluster munitions munitions, in any forum in which this participating in the Oslo Process work in that framework. Until further clarity should conclude a new treaty that issue is being discussed. It will therefore within its objectives of concluding a on State positions and the collective would prohibit the use, production, contribute to the work of States in both treaty in 2008 that will prohibit cluster intention of CCW States is available, it is stockpiling and transfer of inaccurate the CCW and the Oslo Process. munitions that cause "unacceptable harm difficult to evaluate the contribution this and unreliable cluster munitions; to civilians". The ICRC and the entire Red process might make. The ICRC will urge However, the ICRC has consistently Cross and Red Crescent Movement has CCW States to embed any norms that require the elimination of current said that it seeks the strongest possible urged these governments to fulfill their can be agreed within the CCW framework stocks of these weapons and provide protection of civilians from these commitment to negotiate and conclude in legally binding rules, as opposed to for victim assistance, the clearance weapons. We believe it is important to such a treaty in 2008. codes of conduct or best practices, for of cluster munitions and activities have an instrument that is strong, clear, example. easily implemented and will make a real The objectives of the process to address to minimize the impact of these difference on the ground. It is therefore cluster munitions in the CCW framework weapons on civilian populations.