President Joe Biden’s recent move to supply Ukraine with cluster munitions will worsen a humanitarian crisis and defy an internationally recognized norm. This decision promotes the proliferation of weapons that have been banned by more than 120 countries due to their grave threat to civilians during and long after attacks. Having witnessed first-hand the devastating impact of cluster munitions, I find the U.S. rationale for this transfer deeply flawed. Cluster munitions, extensively used by Russia in Ukraine, scatter numerous smaller explosive units, or bomblets, over a wide area, often the size of a city block. These submunitions disintegrate into fragments that can cause severe injuries and fatalities, with civilians suffering the most. Moreover, many of these bomblets fail to detonate on impact, persisting as dangerous hazards similar to landmines and posing an ongoing threat to local populations.
During news conferences on July 7, U.S. officials justified the transfer of cluster munitions to Ukraine, citing the country’s need to clear unexploded ordnance, the implementation of technological safeguards to minimize risks, and the necessity for additional ammunition to combat Russian forces. However, these arguments disregard the lessons learned from previous use of such munitions, which highlight the dangers associated with deploying cluster munitions on the battlefield. The justifications provided by the White House and Pentagon are deeply concerning, drawing parallels to my own field research with Human Rights Watch.
Each unexploded submunition presents a danger, disregarding claims that Ukraine’s existing challenges with Russian munitions justify the use of cluster munitions. These submunitions pose a threat to unsuspecting individuals, including children, farmers, and returning refugees. The presence of these submunitions also hampers reconstruction efforts. Children, in particular, have fallen victim to cluster munitions, mistaking them for toys and suffering devastating injuries. The indiscriminate nature of these weapons has led to tragic incidents, highlighting the urgent need to address this issue. Clearing areas contaminated by cluster munitions is a dangerous, time-consuming, and expensive endeavor. It requires skilled professionals equipped with specialized tools to meticulously examine every square meter of land. Environmental factors like heavy rain can impede clearance operations, prolonging the threat to demining teams and civilians seeking to return home. Furthermore, residents often take matters into their own hands, attempting to remove submunitions themselves, thereby complicating the process and putting themselves at greater risk.
U.S. officials claim that technological and targeting measures will reduce the risks associated with using cluster munitions in Ukraine. However, history has shown that technological fixes often fall short, and testing results can be misleading. Past instances have revealed that submunitions believed to have low dud rates during testing actually had higher rates when used in combat. The assurances provided by Ukraine regarding the use of cluster munitions are insufficient and fail to address the concerns raised by Human Rights Watch.
This transfer undermines international progress and the efforts to stigmatize cluster munitions. States that have committed to the Convention on Cluster Munitions should refrain from assisting the U.S. in this transfer. Numerous countries and organizations, including Cambodia, Laos, and the United Nations, have spoken out against the use of cluster munitions and have called for a strong response to preserve the norm against these weapons. Instead of resorting to the use of cluster munitions, the U.S., Ukraine, and Russia should heed these calls and prioritize the protection of civilians. It is crucial to learn from past mistakes and avoid the humanitarian harm caused by these weapons.