Cluster Munitions
Cluster munitions are canisters that can be launched from air or ground that contain hundreds to thousands of individual submunitions or 'bomblets'. These bomblets can blanket an area as large as ten football fields by ten football fields, killing anyone within 50 meters of each bomblet and can easily pierce through buildings and armour. Although cluster munitions are supposed to explode on impact, they have a high failure rate and the remains of the unexploded devices are referred to as explosive remnants of war.
The humanitarian effect of cluster munitions is not a new issue. They have had a horrific impact on civilians in most of the conflicts in which they have been used, including those in Kosovo, Iraq, Afghanistan, Laos and most recently Lebanon. In addition to killing on impact, the presence of unexploded submunitions has made farming a dangerous activity and hindered development and re-construction in many countries. Clearance of these weapons is often hindered by lack of resources which means they are left to kill and injure indiscriminately for decades.
Cluster Munitions: Humanitarian Concern
Cluster munitions have a severe and disproportionate impact on civilians during and after conflicts because the canisters disperse over large areas and they often miss their military targets. This means that civilians can be injured and killed, and homes, schools and fields can be devastated, making it difficult to return to normal life. Unexploded submunitions can lay waiting to explode if stepped on or driven over. The impact of these unexploded submunitions is similar to anti-personnel landmines; they do not discriminate between soldier and civilian, tanks and bicycles.
Cluster Munitions: How does International Humanitarian Law (IHL) apply?
At this time there are no specific IHL instruments to address the development and use of cluster munitions. However, like other weapons, the use of cluster munitions is regulated by general principles of IHL, Customary International Law and by treaties that deal generally with unexploded remnants of war such as the Convention on Certain Conventional Weapons and its fifth Additional Protocol on Explosive Remnants of War.
The general principles of IHL are based on finding a balance between military necessity and humanity. These include:
- the rule of distinction requiring that a distinction be made between civilians and combatants and between civilian objects and military objectives;
- the prohibition of indiscriminate attacks requiring that attacks must be directed at military objectives;
- the rule of proportionality requiring that the effect of the attack on civilians and civilian objects not be out of proportion with the military advantage gained;
- the rule on feasible precautions requiring that care be taken to spare civilians and civilian objects;
- the rule on environmental protection prohibiting using means of warfare that cause damage to the environment;
- and the rule on superfluous injury or unnecessary suffering.
There is serious concern within the International Community as to whether cluster munitions can be used in populated areas in accordance with these fundamental rules of IHL given the impact they have.
Please see the ICRC website for more information on Cluster Munitions.
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