Cluster Munitions Policy Released

Today the Department of Defense released a newly approved U.S. cluster munitions policy. The United States believes that the new policy will provide better protection of civilians and civilian infrastructure following a conflict, while allowing for the retention of a legitimate and useful weapon.

            Recognizing the need to minimize the unintended harm to civilians and civilian infrastructure associated with unexploded ordnance from cluster munitions, the secretary of defense has approved a new policy on cluster munitions intended to reduce the collateral effects resulting from the use of cluster munitions in pursuit of legitimate military objectives.  The new policy is the result of a year-long Department of Defense review of cluster munitions.

            Cluster munitions are legitimate weapons with clear military utility in combat. They provide distinct advantages against a range of targets, where their use reduces risks to U.S. forces and can save U.S. lives. These weapons can also reduce unintended harm to civilians during combat, by producing less collateral damage to civilians and civilian infrastructure than unitary weapons. Because future adversaries will likely use civilian shields for military targets – for example by locating a military target on the roof of an occupied building – use of unitary weapons could result in more civilian casualties and damage than cluster munitions. Blanket elimination of cluster munitions is therefore unacceptable due not only to negative military consequences but also due to potential negative consequences for civilians.

            Post-combat, the impact of cluster munitions is limited in scope, scale and duration compared to other explosive remnants of war (ERW).  According to the Feb. 15, 2008, State Department white paper ("Putting the Impact of Cluster Munitions in Context with the Effects of All Explosive Remnants of War"), in 2006 fewer than 400 casualties were attributable to cluster munitions out of a global total of 5,759 reported for all ERW.

            A key facet of the DoD policy establishes a new U.S. technical norm for cluster munitions, requiring that by the end of 2018, DoD will no longer use cluster munitions which, after arming, result in more than one percent unexploded ordnance across the range of intended operational environments. Additionally, cluster munitions sold or transferred by DoD after 2018 must meet this standard. Any munitions in the current inventory that do not meet this standard will be unavailable for use after 2018. As soon as possible, military departments will initiate removal from active inventory cluster munitions that exceed operational planning requirements or for which there are no operational planning requirements. These excess munitions will be demilitarized as soon as practicable within available funding and industrial capacity. Effective immediately through 2018, any U.S. use of cluster munitions that do not meet the one percent unexploded ordnance standard must be approved by the applicable combatant commander. Previous DoD policy required military departments to design and procure "future" (after 2005) submunitions to a 99 percent reliability rate, but did not address use and removal of current munitions.

            The new policy is viewed as a viable alternative to a complete ban proposal generated by the Oslo Process in Dublin, Ireland, last month. The new policy serves as the basis for the U.S. position in negotiations toward an international agreement at the U.N. Convention of Conventional Weapons (CCW) that began on July 7. The United States has called for the completion of a new cluster munitions protocol by the end of the year. The CCW, unlike the Oslo process, includes all of the nations that produce and use cluster munitions, making any agreement reached there much more practically effective.

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