Editing Cluster munition (section)

==International legislation==
[[File:Erik Thorstvedt.jpg|thumb|[[Erik Thorstvedt]] leads a Norwegian parade celebrating the effectuation of the [[Convention on Cluster Munitions]], 31 July 2010. (Photo: [[Norsk Folkehjelp]]) ]]

Cluster bombs fall under the general rules of [[international humanitarian law]], but were not specifically covered by any currently binding international legal instrument until the signature of the [[Convention on Cluster Munitions]] in December 2008. This international treaty stemmed from an initiative by [[Stoltenberg's Second Cabinet]] known as the Oslo Process which was launched in February 2007 to prohibit cluster munitions.<ref>{{cite web|url=http://www.norway.org/policy/cluster/initiative/initiative.htm |title=The Norwegian Government's initiative for a ban on cluster munitions |work=[[Ministry of Foreign Affairs (Norway)|The Norwegian Ministry of Foreign Affairs]] |url-status=dead |archive-url=https://web.archive.org/web/20090111200410/http://www.norway.org/policy/cluster/initiative/initiative.htm |archive-date=January 11, 2009 }}</ref> More than 100 countries agreed to the text of the resulting Convention on Cluster Munitions in May 2008 which sets out a comprehensive ban on these weapons. This treaty was signed by 94 states in Oslo on 3–4 December 2008. The Oslo Process was launched largely in response to the failure of the [[Convention on Certain Conventional Weapons]] (CCW) where five years of discussions failed to find an adequate response to these weapons.<ref>{{cite web|url=http://www.norway.org/ARCHIVE/policy/cluster/clustermunitions/|title=Webcast from the Oslo Conference on Cluster Munitions|work=[[Ministry of Foreign Affairs (Norway)|The Norwegian Ministry of Foreign Affairs]]|access-date=2011-07-13|archive-date=2011-06-09|archive-url=https://web.archive.org/web/20110609012918/http://www.norway.org/ARCHIVE/policy/cluster/clustermunitions/|url-status=dead}}</ref> The Cluster Munition Coalition (CMC) is campaigning for the widespread accession to and ratification of the Convention on Cluster Munitions.

A number of sections of the Protocol on [[explosive remnants of war]] (Protocol V to the 1980 Convention), 28 November 2003<ref>{{cite web|url=http://www.icrc.org/ihl.nsf/FULL/610?OpenDocument|title=Treaties, States parties, and Commentaries – CCW Protocol (V) on Explosive Remnants of War, 2003|website=www.icrc.org|access-date=15 May 2018}}</ref> occasionally address some of the problems associated with the use of cluster munitions, in particular Article 9, which mandates States Parties to "take generic preventive measures aimed at minimising the occurrence of explosive remnants of war". In June 2006, Belgium was the first country to issue a ban on the use (carrying), transportation, export, stockpiling, trade and production of cluster munitions,<ref>{{cite web|url=http://www.ejustice.just.fgov.be/cgi/article_body.pl?language=fr&caller=summary&pub_date=2006-06-09&numac=2006009449|title=Moniteur Belge – Belgisch Staatsblad|publisher=www.ejustice.just.fgov.be|access-date=15 May 2018}}</ref> and Austria followed suit on 7 December 2007.<ref name="autogenerated1" />

There has been legislative activity on cluster munitions in several countries, including Austria, Australia, Denmark, France, Germany, Luxembourg, Netherlands, Norway, Sweden, Switzerland, United Kingdom and United States. In some of these countries, ongoing discussions concerning draft legislation banning cluster munitions, along the lines of the legislation adopted in Belgium and Austria will now turn to ratification of the global ban treaty. Norway and Ireland have national legislation prohibiting cluster munitions and were able to deposit their instruments of ratification to the Convention on Cluster Munitions immediately after signing it in Oslo on 3 December 2008.

===International treaties===
[[File:Declaration Wellington conference.svg|thumb|upright=1.35|Nations subscribing to the Wellington Declaration, which led to the Convention on Cluster Munitions]]

Other weapons, such as land mines, have been banned in many countries under specific legal instruments for several years, notably the [[Ottawa Treaty]] to ban land mines, and some of the Protocols in the Convention on Certain Conventional Weapons that also help clearing the lands contaminated by left munitions after the end of conflicts and provides international assistance to the affected populations. However, until the adoption of the Convention on Cluster Munitions in Dublin in May 2008 cluster bombs were not banned by any international treaty and were considered legitimate weapons by some governments.

To increase pressure for governments to come to an international treaty on 13 November 2003, the Cluster Munition Coalition (CMC) was established with the goal of addressing the impact of cluster munitions on civilians.

International governmental deliberations in the Convention on Certain Conventional Weapons turned on the broader problem of explosive remnants of war, a problem to which cluster munitions have contributed in a significant way. There were consistent calls from the Cluster Munition Coalition, the [[International Committee of the Red Cross]] (ICRC) and a number of UN agencies, joined by approximately 30 governments, for international governmental negotiations to develop specific measures that would address the humanitarian problems cluster munitions pose. This did not prove possible in the conventional multilateral forum. After a reversal in the US position, in 2007 deliberations did begin on cluster munitions within the Convention on Certain Conventional Weapons. There was a concerted effort led by the US to develop a new protocol to the Convention on Certain Conventional Weapons, but this proposal was rejected by over 50 states, together with civil society, ICRC and UN agencies.<ref>{{cite web|url=http://www.article36.org/ccw-review-conference-ends-with-rejection-of-us-backed-proposal-for-protocol-that-would-allow-cluster-bomb-use|title=CCW review conference ends with rejection of US-backed proposal for protocol that would allow cluster bomb use|access-date=2011-11-26|archive-url=https://web.archive.org/web/20111210073831/http://www.article36.org/ccw-review-conference-ends-with-rejection-of-us-backed-proposal-for-protocol-that-would-allow-cluster-bomb-use/|archive-date=2011-12-10|url-status=dead}}</ref> The discussions ended with no result in November 2011, leaving the 2008 Convention on Cluster Munitions as the single international standard on the weapons.<ref>{{cite web|url=http://www.stopclustermunitions.org/news/?id=3531|title=US-led attempt to allow cluster bomb use is rejected at UN negotiations}}</ref>

In February 2006, Belgium announced its decision to ban the weapon by law. Then Norway announced a national moratorium in June and Austria announced its decision in July to work for an international instrument on the weapon. The international controversy over the use and impact of cluster munitions during the war between Lebanon and Israel in July and August 2006 added weight to the global campaign for a ban treaty.<ref>{{cite SSRN|ssrn=1606304|title=Eitan Barak, Doomed to Be Violated? The U.S.-Israeli Clandestine End-User Agreement and the Second Lebanon War: Lessons for the Convention on Cluster Munitions |date=13 May 2010 |last1=Barak |first1=Eitan }}</ref>

[[File:Stop cluster bomb march - Uganda.jpg|left|thumb|[[Uganda]]n demonstrator at the May 2008 Dublin conference for the Convention on Cluster Munitions]]

A new flexible multilateral process similar to the process that led to the ban on anti-personnel land mines in 1997 (the [[Ottawa Treaty]]) began with an announcement in November 2006<ref>{{cite news| url=http://news.bbc.co.uk/2/hi/europe/6140530.stm | work=BBC News | title=New bomb clean-up treaty begins | date=2006-11-12 | access-date=2010-04-30 | first=Imogen | last=Foulkes}}</ref> in [[Geneva]] as well at the same time by the Government of Norway that it would convene an international meeting in early 2007 in [[Oslo]] to work towards a new treaty prohibiting cluster munitions. Forty-nine governments attended the meeting in [[Oslo Conference on Cluster Munitions|Oslo 22–23 February 2007]] in order to reaffirm their commitment to a new international ban on the weapon.

A follow-up meeting in this process was held in [[Lima]] in May where around 70 states discussed the outline of a new treaty, Hungary became the latest country to announce a moratorium and Peru launched an initiative to make [[Latin America]] a cluster munition free zone.<ref>{{cite web|url=http://www.stopclustermunitions.org/news.asp?id=70 |title=Report on Lima Conference |work=Cluster Munition Coalition |url-status=dead |archive-url=https://web.archive.org/web/20071121012331/http://www.stopclustermunitions.org/news.asp?id=70 |archive-date=November 21, 2007 }}</ref>

In addition, the ICRC held an experts meeting on cluster munitions in April 2007 which helped clarify technical, legal, military and humanitarian aspects of the weapon with a view to developing an international response.<ref>{{cite web|url=http://icrc.org/web/eng/siteeng0.nsf/html/p0915|title=Expert Meeting Report: Humanitarian, Military, Technical and Legal Challenges of Cluster Munitions|work=ICRC|date=3 October 2013}}</ref>

Further meetings took place in [[Vienna]] on 4–7 December 2007, and in [[Wellington]] on 18–22 February 2008 where a declaration in favor of negotiations on a draft convention was adopted by more than 80 countries. In May 2008 after around [[Convention on Cluster Munitions#Nations that have subscribed to the Wellington Declaration|120 countries]] had subscribed to the Wellington Declaration and participated in the Dublin Diplomatic Conference from 19 to 30 May 2008. At the end of this conference, 107 countries agreed to adopt the Convention on Cluster Munitions, that bans cluster munitions and was opened for signature in Oslo on 3–4 December 2008 where it was signed by 94 countries.<ref>{{cite web|url=http://www.clustermunitionsdublin.ie/|title=Message from Minister for Foreign Affairs, Micheál Martin T.D.|website=www.clustermunitionsdublin.ie|access-date=15 May 2018|archive-url=https://web.archive.org/web/20080619081243/http://www.clustermunitionsdublin.ie/|archive-date=19 June 2008|url-status=dead}}</ref><ref>{{cite web|url=http://www.norway.org/ARCHIVE/policy/cluster/klasevapen/|title=International ban on cluster munitions|work=[[Ministry of Foreign Affairs (Norway)|The Norwegian Ministry of Foreign Affairs]]|access-date=2011-07-13|archive-date=2011-06-09|archive-url=https://web.archive.org/web/20110609013000/http://www.norway.org/ARCHIVE/policy/cluster/klasevapen/|url-status=dead}}</ref><ref>{{cite web|url=http://www.stopclustermunitions.org/news/?id=600|title=News – Media – CMC|website=www.stopclustermunitions.org|access-date=15 May 2018}}</ref>
In July 2008, United States [[Defense Secretary]] [[Robert Gates|Robert M. Gates]] implemented a policy to eliminate by 2018 all cluster bombs that do not meet new safety standards.<ref>{{cite web|url=http://www.defenselink.mil/news/newsarticle.aspx?id=50455|title=United States Department of Defense|website=www.defenselink.mil|access-date=15 May 2018}}</ref>

In November 2008, ahead of the signing Conference in Oslo,<ref>[http://www.osloccm.no/ Signing Conference Website] {{Webarchive|url=https://web.archive.org/web/20081216040435/http://www.osloccm.no/ |date=2008-12-16 }} last retrieved on 28 November 2008</ref> the [[European Parliament]] passed a resolution calling on all [[European Union]] governments to sign and ratify the Convention.<ref>[http://www.europarl.europa.eu/news/public/story_page/031-42127-322-11-47-903-20081114STO42065-2008-17-11-2008/default_en.htm Cluster bombs: MEPs to press for signature of treaty ban] {{webarchive|url=https://web.archive.org/web/20090222135540/http://www.europarl.europa.eu/news/public/story_page/031-42127-322-11-47-903-20081114STO42065-2008-17-11-2008/default_en.htm |date=2009-02-22 }} last retrieved on 19 November 2008</ref>

On 16 February 2010 [[Burkina Faso]] became the 30th state to deposit its instrument of ratification for the Convention on Cluster Munitions. This means that the number of States required for the Convention to enter into force had been reached. The treaty's obligations became legally binding on the 30 ratifying States on 1 August 2010 and subsequently for other ratifying States.<ref>[http://www.icrc.org/Web/Eng/siteeng0.nsf/html/cluster-munition-interview-170210 Convention on Cluster Munitions to enter into force on 1 August 2010] ICRC web site</ref>

===Convention on Cluster Munitions===
{{Main|Convention on Cluster Munitions}}

Taking effect on 1 August 2010, the Convention on Cluster Munitions<ref>[http://www.clusterconvention.org/pages/pages_ii/iia_textenglish.html Convention on cluster munitions – convention text in English] {{webarchive |url=https://web.archive.org/web/20100819162338/http://www.clusterconvention.org/pages/pages_ii/iia_textenglish.html |date=August 19, 2010 }}</ref> bans the stockpiling, use and transfer of virtually all existing cluster bombs and provides for the clearing up of unexploded munitions. It had been signed by 108 countries, of which 38 had ratified it by the affected date, but many of the world's major military powers including the United States, Russia, India, Brazil and China are not signatories to the [[treaty]].<ref>{{cite news|url=https://www.bbc.co.uk/news/world-10829976|title=Cluster bomb ban comes into force|first=Stuart|last=Hughes|date=1 August 2010|work=[[BBC News]] |access-date=15 May 2018}}</ref><ref>{{cite web|url=https://www.voanews.com/a/cluster-munitions-treaty-to-take-effect-sunday-99654369/122955.html |title=Cluster Munitions Treaty to Take Effect Sunday|date=29 July 2010 |access-date=15 May 2018|archive-url=https://web.archive.org/web/20100806121531/http://www1.voanews.com/english/news/Cluster-Munitions-Treaty-to-Take-Effect-Sunday-99654369.html?refresh=1|archive-date=6 August 2010|url-status=live}}</ref><ref>{{cite web|url=https://www.huffingtonpost.com/louis-belanger/cluster-bombs-treaty-beco_b_665836.html|title=Cluster Bombs Treaty becomes int'l law: Years of campaigning reap results|first=Louis|last=Belanger|website=[[HuffPost]]|date=30 July 2010|access-date=15 May 2018}}</ref><ref>[https://www.google.com/hostednews/canadianpress/article/ALeqM5h4qlpqMDGYYpTAOTms0e7MiNOrTQ Canada Post: UN chief hails Aug. 1 entry into force of treaty banning cluster bombs]{{dead link|date=June 2024|bot=medic}}{{cbignore|bot=medic}} </ref>

The Convention on Cluster Munitions entered into force on 1 August 2010, six months after it was ratified by 30 states. As of 26 September 2018, a total of 120 states had joined the Convention, as 104 States parties and 16 signatories.<ref name="The Convention on Cluster Munitions">{{cite web |date=12 January 2011 |title=States Parties and Signatories by region |url=http://www.clusterconvention.org/the-convention/convention-status/ |url-status=dead |archive-url=https://web.archive.org/web/20220210044412/http://www.clusterconvention.org/the-convention/convention-status/ |archive-date=10 February 2022 |access-date=15 May 2018}}</ref>

For an updated list of countries, see [[Convention on Cluster Munitions#State parties]]

===United States policy===
[[File:CBUbombs.jpg|thumb|USAF [[Rockwell B-1 Lancer|B-1 Lancer]] dropping CBU cluster bombs]]

According to the [[US State Department]], the US suspended operational use of cluster munitions in 2003,<ref name="fas30june13"/> however, Amnesty International published a report that the US used them in Yemen during the 2009 [[al-Majalah camp attack]].<ref>{{Cite web |last=Spencer |first=Richard |date=2010-06-07 |title=US cluster bombs 'killed 35 women and children' |url=https://www.telegraph.co.uk/news/worldnews/middleeast/yemen/7806882/US-cluster-bombs-killed-35-women-and-children.html |access-date=2023-07-20 |website=The Telegraph}}</ref><ref>{{Cite web |date=2010-06-07 |title=Yemen: Images of missile and cluster munitions point to US role in fatal attack |url=https://www.amnesty.org/en/latest/press-release/2010/06/yemen-images-missile-and-cluster-munitions-point-us-role-fatal-attack-2010/ |access-date=2023-07-20 |website=Amnesty International |language=en}}</ref>

US arguments favoring the use of cluster munitions are that their use reduces the number of aircraft and artillery systems needed to support military operations and if they were eliminated, significantly more money would have to be spent on new weapons, ammunition, and logistical resources. Also, militaries would need to increase their use of massed artillery and rocket barrages to get the same coverage, which would destroy or damage more key infrastructures.<ref name="fas30june13"/>

The US was initially against any CCW limitation negotiations, but dropped its opposition in June 2007. Cluster munitions have been determined as needed for ensuring the country's national security interests, but measures were taken to address humanitarian concerns of their use, as well as pursuing their original suggested alternative to a total ban of pursuing technological fixes to make the weapons no longer viable after the end of a conflict.<ref name="fas30june13">[https://fas.org/sgp/crs/weapons/RS22907.pdf Cluster Munitions: Background and Issues for Congress] – Fas.org, 30 June 2013</ref>

In May 2008, then-Acting [[Assistant Secretary of State for Political-Military Affairs]] [[Stephen Mull]] stated that the US military relies upon cluster munitions as an important part of their war strategy.<ref>{{Cite web |date=2023-05-06 |title=Cluster Munitions |url=https://2001-2009.state.gov/t/pm/wra/c25930.htm |access-date=2023-05-06 |website=2001-2009.state.gov}}</ref> Mull emphasized that "US forces simply cannot fight by design or by doctrine without holding out at least the possibility of using cluster munitions."

The US Army ceased procurement of GMLRS cluster rockets in December 2008 because of a submunition dud rate as high as five percent. Pentagon policy was to have all cluster munitions used after 2018 to have a submunition unexploded ordnance rate of less than one percent. To achieve this, the Army undertook the Alternative Warhead Program (AWP) to assess and recommend technologies to reduce or eliminate cluster munition failures, as some 80 percent of US military cluster weapons reside in Army artillery stockpiles.<ref name="fas30june13" /> In July 2012, the US fired at a target area with 36 Guided Multiple Launch Rocket System (GMLRS) unitary warhead rockets. Analysis indicated that capability gaps existed as cluster munitions require approval by the Combatant Commander which reduced the advantage of responsive precision fire. The same effect could have been made by four Alternative Warhead (AW) GMLRS rockets under development by the AWP to engage the same target set as cluster munitions. Without access to the AW, the operation required using nine times as many rockets, cost nine times as much ($3.6&nbsp;million compared to $400,000), and took 40 times as long (more than 20 minutes compared to less than 30 seconds) to execute.<ref>{{cite web|url=http://www.dau.mil/publications/DefenseATL/DATLFiles/Nov-Dec2013/Hill.pdf|title=PageNotFound|website=www.dau.mil|access-date=15 May 2018|archive-url=https://web.archive.org/web/20170201005633/http://www.dau.mil/publications/DefenseATL/DATLFiles/Nov-Dec2013/Hill.pdf|archive-date=2017-02-01|url-status=dead}}</ref>

Starting with the [[Omnibus Appropriations Act, 2009]] (P.L. 111-8) annual [[Consolidated Appropriations Act]] legislation has placed export moratorium language on cluster weapons since then. On 19 May 2011 the [[Defense Security Cooperation Agency]] issued a memorandum prohibiting the sale of all but the CBU-97B [[CBU-105]] [[Sensor Fuzed Weapon]] because the others have been demonstrated to have a unexploded ordnance rate of greater than 1%.<ref name="icbl">{{cite news |title=United States Cluster Munition Ban Policy |url=http://www.the-monitor.org/en-gb/reports/2020/united-states/cluster-munition-ban-policy.aspx#ftnref38 |publisher=ICBL - CMC |date=24 November 2020 |access-date=23 February 2023 |archive-date=29 October 2023 |archive-url=https://web.archive.org/web/20231029102928/http://www.the-monitor.org/en-gb/reports/2020/united-states/cluster-munition-ban-policy.aspx#ftnref38 |url-status=dead }}</ref><ref name="crscm">{{cite news |title=Cluster Munitions: Background and Issues for Congress |url=https://sgp.fas.org/crs/weapons/RS22907.pdf |publisher=Congressional Research Service |date=9 March 2022}}</ref>

On 30 November 2017, the Pentagon put off indefinitely their planned ban on using cluster bombs after 2018, as they had been unable to produce submunitions with failure rates of 1% or less. Since it is unclear how long it might take to achieve that standard, a months-long policy review concluded the deadline should be postponed; deployment of existing cluster weapons is left to commanders' discretion to authorize their use when deemed necessary "until sufficient quantities" of safer versions are developed and fielded.<ref>[https://www.military.com/daily-news/2017/11/30/us-putting-planned-ban-its-use-cluster-bombs.html US Putting Off Planned Ban on Its Use of Cluster Bombs] – Military.com, 30 November 2017</ref><ref>{{cite book|last1=Feickert|first1=Andrew|last2=Kerr|first2=Paul K.|title=Cluster Munitions: Background and Issues for Congress|date=December 17, 2017|publisher=Congressional Research Service|location=Washington, D.C.|url=https://fas.org/sgp/crs/weapons/RS22907.pdf|access-date=24 January 2018}}</ref>