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Explainer: why cluster bombs used in Ukraine are banned by 120 countries

by Nick Erickson
July 21, 2023
in World
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Cluster Bombs have a high dud rate, meaning they have had a failure rate of up to 40%.

Controversial cluster munitions supplied by the United States are being used by Ukraine in its counter-offensive against Russia, White House spokesman John Kirby said. “We’ve had some initial feedback from the Ukrainians, and they’re using them quite effectively,” White House national security spokesman John Kirby told reporters Thursday.

While Moscow, which had previously said it would use “similar” weapons if the United States supplied cluster bombs to Ukraine, has not yet commented on the announcement, the White House official’s claim has sparked outrage among some allies and humanitarian groups.

What are Cluster Bombs?

A cluster bomb explodes in midair, releasing smaller “bombs” over a wide area. The bombs are designed to take out tanks and equipment, as well as troops, while hitting multiple targets at the same time.

But what makes their use a concern is that they have a high dud rate, meaning they’ve had a failure rate of up to 40%, leaving the ground littered with unexploded bombs. Washington says the cluster munitions it sends to Ukraine have a failure rate of less than 2.35%.

Is the use of cluster bombs a war crime?

The use of cluster bombs in itself does not violate international law, but their use against civilians may constitute a violation. As with any military conflict, the determination of a war crime requires consideration of whether the target was legitimate and whether precautions were taken to avoid civilian casualties.

More than 120 countries have signed the Cluster Munitions Convention and have agreed not to use, produce, transfer or store the weapons. However, the US, Russia and Ukraine have not signed the agreement.

Where have they been used?

Cluster bombs have been used in many recent conflicts, including those involving US forces.

According to Human Rights Watch, both Moscow and Kiev have used cluster munitions during the nearly 17-month conflict in Ukraine, which Russia calls a “special military operation”.

Cluster bombs were also used by Syrian government forces against opposition strongholds during the country’s civil war, regularly hitting civilian targets and infrastructure.

Israel has also been criticized for its use in civilian areas of southern Lebanon, including during the 1982 invasion. According to HRW, Israel fired as many as four million cluster munitions into Lebanon during its months-long war with Hezbollah in 2006.

The Saudi-led coalition in Yemen has also reportedly used cluster bombs in the war with Iran-backed Houthi rebels that has ravaged the South Arabian country.

The US also used the weapons during the invasion of Afghanistan. During the first three years of the conflict, the US-led coalition is estimated to have dropped more than 1,500 cluster bombs in Afghanistan.

Tags: bannedBombsclustercountriesDailyExpertNewsExplainerUkraine

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