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IV. Cluster Munition Country Profiles

The following section characterizes and documents the national policy and practice for countries that stockpile cluster munitions. It also highlights cluster munition production, use, and transfers, as well as any statements on the applicability of existing international humanitarian law to cluster munition use. It indicates whether the country has ratified CCW Protocol V on Explosive Remnants of War.

The information contained herein reflects the best publicly available information known to Human Rights Watch.²⁷ However, there is still much that is unknown or uncertain regarding cluster munitions worldwide, and Human Rights Watch welcomes comments or corrections.

Information regarding the complete composition of any country's stockpile of cluster munitions is generally not publicly available, nor is there any transparency requirement for such data in any international treaty or agreement. ²⁸  The information set forth in this briefing paper is likely incomplete, particularly regarding non-Western weapon systems, which are not well accounted for in standard international reference publications.

In some cases, Human Rights Watch has decided to exclude certain weapons and countries from this report because of this uncertainty. The best example of this exclusion is the 122mm BM-21 Grad multiple launch rocket. At least 65 countries possess this weapon and at least 15 countries produce warheads for the rockets.²⁹ At least six of these countries—China, Egypt, Russia, Slovakia, Sudan, and the United Arab Emirates—possess 122mm cluster munition rockets. There are nine different 122mm cluster munition rockets manufactured by five different countries (China, Egypt, Italy, Russia, and Slovakia).³⁰ Hezbollah fired over 100 Chinese-produced Type-81 122mm cluster munition rockets into northern Israel during the July-August 2006 conflict.³¹

Algeria

The People's Democratic Republic of Algeria is not party to CCW and has not made a public declaration of its cluster munition stockpiles or policy. Jane’s Information Group notes that KMG-U dispensers are in service for its aircraft.³² A media source reported that in 1999 Russia supplied Smerch 300mm surface-to-surface rockets to Algeria but it is not known if these included versions with submunition payloads.³³

Angola

The Republic of Angola is not party to CCW and has not made a public declaration of its cluster munition stockpiles or policy. Jane’s Information Group notes that KMG-U dispensers are in service for its aircraft.³⁴ Deminers operating in Angola have documented the presence of casings of RBK 250-275 cluster bombs among abandoned ammunition, although there are no reports of the presence of associated submunitions.³⁵

Argentina

The Argentine Republic is party to CCW but has yet to ratify Protocol V. Argentina was one of the CCW states parties that supported a mandate to negotiate a legally-binding international instrument to address the problems posed by cluster munitions.

Argentina produces artillery-delivered and air-dropped cluster munitions. The Centro de Investigaciones Técnicas y Científicas de las Fuerzas Armadas (CITEFA) developed and produces the CME 155mm artillery projectile which contains 63 Dual Purpose Improved Conventional Munition (DPICM) grenades equipped with a backup pyrotechnic self-destruct mechanism.  The Dirección General de Investigación y Desarrolo (DIGID) developed the FAS family of cluster bombs.³⁶ Scientific and research organizations in Argentina have also studied the feasibility of incorporating submunitions into Pampero 105mm and SAPBA 127mm surface-to-surface rockets.³⁷ Additionally, Jane’s Information Group claims that numerous types of cluster bombs of foreign origin are in service with its air forces: Belouga (France), BME-330 (Spain), Rockeye (US), TAL-1 and TAL-2 (Israel).³⁸

Military officials informed Human Rights Watch in September 2006 that stocks of BLG-66 Beluga and Rockeye air-dropped bombs were destroyed by 2005.

Australia

The Commonwealth of Australia is party to CCW and ratified Protocol V on January 4, 2007. According to the Department of Foreign Affairs and Trade, “Australia has not developed, produced or used cluster munitions, and does not currently develop, produce or use them.”³⁹ Jane’s Information Group lists Australia as possessing Rockeye cluster bombs but Ministry of Defence officials state that these weapons were removed from the inventory of the Australian Defence Forces many years ago.⁴⁰

The Australian Senate passed a motion in 2003 calling for a moratorium on use of cluster munitions, and in early 2007, the Senate was considering the “Cluster Munitions (Prohibition) Bill 2006”—which would prohibit the use, possession, and manufacture of cluster munitions. During the CCW Review Conference in November 2006, Australia did not support either the proposed mandate or the declaration in favor of a new international instrument on cluster munitions.

Austria

The Republic of Austria is party to CCW but has yet to ratify Protocol V. In July 2006 the Parliament adopted a resolution calling for a prohibition on the use of cluster munitions with high failure rates and for new international regulations. In January 2007 while pledging “full support” for the Norwegian-led initiative, Foreign Minister Ursula Plassnik stated, “We aim at effective regulations to provide better protection for the civilian population. As a first step there is a need above all to ban cluster munitions posing an unacceptably high risk for people. Our long-term objective should be a total ban of these munitions, which even years after the cessation of conflicts kill and maim human beings.”⁴¹

Austria was one of the CCW states parties that supported a mandate to negotiate a legally-binding international instrument to address the problems posed by cluster munitions. It was also among the states that issued a declaration on the final day of the CCW Third Review Conference in November 2006 calling for an agreement that would prohibit the use of cluster munitions “within concentrations of civilians,” prohibit the use of cluster munitions that “pose serious humanitarian hazards because they are for example unreliable and/or inaccurate,” and require destruction of stockpiles of such cluster munitions.⁴²

In regard to the applicability of existing IHL to cluster munition use, Austria has argued that “the use of munitions/submunitions with a[n] unacceptably high dud-rate could be seen as covered by Article 51 (4) Additional Protocol I and hence illegal.”⁴³ It did not specify what dud rate might be considered “unacceptably high.” Austria has imported two types of 155mm artillery projectiles (DM-642, DM-652) containing DPICM grenades equipped with back-up self-destruct fuzes.⁴⁴

Azerbaijan

The Republic of Azerbaijan is not party to CCW and has not made a public declaration of its cluster munition stockpiles or policy. Azerbaijan inherited cluster munitions from the Soviet Union. Jane’s Information Group reports that RBK series cluster bombs are in service with the country’s air force.⁴⁵ Cluster munitions are among the abandoned Soviet-era ammunition stockpiles located near the village of Saloglu in the northwestern part of the country.⁴⁶

Bahrain

The Kingdom of Bahrain is not party to CCW and has not made a public declaration of its cluster munition stockpiles or policy. Bahrain is not known to produce cluster munitions but has received significant exports from the United States. The US transferred 30,000 artillery projectiles (M509A1, M449A1, M483) containing 5.06 million DPICM submunitions to Bahrain between 1995 and 2001 as this type of ammunition was being phased out of the US inventory.⁴⁷ The US has also provided M26 rockets and ATACMS-1 missiles with submunition payloads to Bahrain for its MLRS launchers. Bahrain purchased 151 MLRS extended range rocket pods(six missiles per pod) in 1996, 55 rocket pods in 1997, and 57 rocket pods in 2003.⁴⁸

Belarus

The Republic of Belarus is party to CCW but has yet to ratify Protocol V. Belarus inherited a stockpile of cluster munitions from the Soviet Union. Jane’s Information Group reports that RBK-500 cluster bombs are in service with the country’s air force.⁴⁹ Belarus also possesses Uragan 220mm and Smerch 300mm surface-to-surface rockets, but it is not known if these include versions with submunition payloads.

Belgium

Legislation banning cluster munition was adopted by the Belgian Parliament in 2006 and the law entered into force on June 9, 2006 after publication in the official gazette.  It is part of a broader law “regulating economic and individual activities with weapons.”⁵⁰ In addition, the law requires that, “Within three years after the publication of the law, the State and public administrations destroy the existing stock of submunitions or devices of similar nature.”⁵¹

The Kingdom of Belgium is party to CCW but has yet to ratify Protocol V. It has stated its desire for “negotiations to start as soon as possible in order to determine, on the multilateral level, an effective and inclusive response…to the unacceptable consequences that result from the use of this type of weapon.”⁵² It was among the states that issued a declaration on the final day of the CCW Third Review Conference in November 2006 calling for an agreement that would prohibit the use of cluster munitions “within concentrations of civilians,” prohibit the use of cluster munitions that “pose serious humanitarian hazards because they are for example unreliable and/or inaccurate,” and require destruction of stockpiles of such cluster munitions.⁵³

Cluster munitions were at one time developed or produced by companies in Belgium. The Poudreries Reunies de Belgique (PRB), now defunct, manufactured the NR 269 155mm DPICM artillery projectile prior to 1990; this production was reportedly assumed by Giat Industries in France.⁵⁴ Mecar SA at one point developed a mortar bomb containing submunitions but claims that this project never reached production status due to economic reasons. Similarly, Forges de Zeebrugge (FZ) claims that “a project for a rocket containing nine submunitions with no self-destruct system existed in the 1980s. This product did not go further than a prototype.”⁵⁵ However, FZ stated in December 2005 that a new rocket system, the FZ-101 is under development: “Around 2000, FZ, in competition with General Dynamics and the Canadian firm Bristol, succeeded in obtaining a contract for the addition of its rocket system to Germany's Tiger attack helicopter and subsequently a contract to manufacture a guided warhead equipped with 8 submunitions with an overall reliability rate of 99%.”⁵⁶

Belgium continues to stockpile one type of cluster munition, but is developing a program for its destruction in 2006.⁵⁷ This munition is possibly the NR 269 projectile noted above or similar models produced by the US. Belgium has destroyed its stockpile of BL-755 cluster bombs.⁵⁸

Bosnia and Herzegovina

Bosnia and Herzegovina is party to CCW but has yet to ratify Protocol V. It has not made a public declaration of its cluster munition stockpiles or policy, but was one of the CCW states parties that supported a mandate for negotiations on a legally-binding international instrument to address the problems posed by cluster munitions. It was also among the states that issued a declaration on the final day of the CCW Third Review Conference in November 2006 calling for an agreement that would prohibit the use of cluster munitions “within concentrations of civilians,” prohibit the use of cluster munitions that “pose serious humanitarian hazards because they are for example unreliable and/or inaccurate,” and require destruction of stockpiles of such cluster munitions.⁵⁹

The entity armies in the Federation inherited cluster munitions during the breakup of the Socialist Federal Republic of Yugoslavia. Forces of Yugoslavia and non-state armed groups (NSAG) used available stocks of cluster munitions during the 1992-1995 civil war. Jane’s Information Group lists forces as possessing KPT-150 dispensers for aircraft, M77 Oganj 128mm rockets (containing 40 KB-1 DPICM grenades), and M87 Orkan262mm rockets (containing 288 KB-1 DPICM grenades).⁶⁰

Brazil

The Federative Republic of Brazil is party to CCW but has yet to ratify Protocol V. It has not made a public declaration of its cluster munition stockpiles or policy. During the debate at the UN Human Rights Council’s Commission of Inquiry on Lebanon on December 1, 2006, Brazil supported all the recommendations of the Commission’s report but gave special attention to cluster munitions by highlighting and reading aloud during its statement the recommendation that “the Human Rights Council should take the initiative to promote urgent action to include cluster munitions to the list of weapons banned under international law.”⁶¹

In regard to the applicability of existing IHL to cluster munition use, Brazil has noted that high-altitude aerial bombardment using cluster munitions violates the principle of distinction.⁶² It also noted that cluster munition use should be limited depending on “weather conditions and terrain characteristics”and that “cluster bombs or submunition dispensers should not be released or launched from high altitudes” because the wide dispersal pattern is likely to “generat[e] greater risk of unnecessary harm to civilians.”⁶³

Three companies produce cluster munitions in Brazil. Avribras Aeroespacial SA and Britainite Industrias Quimicas produce the ASTROS family of surface-to-surface rockets with submunition warheads. These weapons have been exported to Iran, Iraq, and Saudi Arabia.⁶⁴ Target Engenharia et Comércio Ltda. produces two types of cluster bombs (BLG-120, BLG-252) for the Brazilian Air Force and reportedly for export.⁶⁵

Bulgaria

The Republic of Bulgaria is party to CCW and ratified Protocol V on November 7, 2005. It has not made a public declaration of its cluster munition stockpiles or policy. It is a producer of cluster munitions. The Vazov Engineering Plants are associated with the production of 122mm rockets, which include variants that contain submunitions.⁶⁶ Jane’s Information Group lists Bulgaria as possessing 122mm rockets (with 15 DPICM grenades) and RBK-500 cluster bombs.⁶⁷

Canada

Canada is party to CCW but has yet to ratify Protocol V. It has produced cluster munitions. Bristol Aerospace Limited lists among its products a version of the CRV-7 70mm unguided air-to-surface rocket containing nine M73 submunitions.⁶⁸ Canadian Forces possess M483A1 155mm artillery projectiles containing 88 M42/M46 DPICM grenades.⁶⁹ The future status of the M483A1 projectiles is currently under review.⁷⁰

During the CCW Review Conference in November 2006, Canada did not support either the proposed mandate or the declaration in favor of a new international instrument on cluster munitions. In February 2007, Minister of Foreign Affairs Peter MacKay wrote that “Canada is deeply concerned about the humanitarian effects as well as the negative impact upon development of certain types of cluster munitions, namely those having very high failure rates.”⁷¹ He also noted that “Canada has no plans to use or transfer current holdings of cluster munitions and the Department of National Defence has stated its intent that any future procurement of cluster munitions would demand very high reliability rates…. Canada has destroyed its holdings of Mk 20 Rockeye bombs and is considering the way ahead with regard to remaining holdings.” ⁷²

Chile

The Republic of Chile is party to CCW but has yet to ratify Protocol V. It has not made a public declaration of its cluster munition stockpiles or policy, but was one of the CCW states parties that supported a mandate for negotiations on a legally-binding international instrument to address the problems posed by cluster munitions. Chile produces and has exported cluster munitions. Industrias Cardeon SA and Los Conquistadores 1700 produce at least eight types of air-dropped cluster bombs.⁷³ The PM-1 combined effects submunitions delivered by bombs produced in Chile have been used in Eritrea, Ethiopia, Iraq, and Sudan.⁷⁴ Ferrimar is reported to have developed a submunition warhead for its Rayo 160mm surface-to-surface rocket system.⁷⁵

China

The People’s Republic of China is party to CCW but has yet to ratify Protocol V. It has not made a public declaration of its cluster munition stockpiles or policy. During the work of the CCW group of experts sessions in Geneva, China has noted that “the ERW Protocol has covered general generic preventative measures aimed at improving the reliability of munitions, which will be conducive to addressing the humanitarian problems caused by munitions, including submunitions.”⁷⁶

China Northern Industries (NORINCO) produces a full range of air-dropped and surface-launched cluster munitions. China likely stockpiles significant numbers of cluster munitions. Export activity is not known, but Hezbollah fired over 100 Chinese Type-81 122mm rockets into northern Israel in July/August 2006. Submunitions from these weapons were also found in southern Lebanon by deminers after the cessation of the conflict.⁷⁷ The types of cluster munitions produced in China are listed in the following table:⁷⁸

Croatia

The Republic of Croatia is party to CCW and ratified Protocol V on February 7, 2005. It has not made a public declaration of its cluster munition stockpiles or policy, but during the first week of the CCW Review Conference, indicated its support for a new international instrument on cluster munitions. It was also among the states that issued a declaration on the final day of the CCW Third Review Conference in November 2006 calling for an agreement that would prohibit the use of cluster munitions “within concentrations of civilians,” prohibit the use of cluster munitions that “pose serious humanitarian hazards because they are for example unreliable and/or inaccurate,” and require destruction of stockpiles of such cluster munitions.⁷⁹

Croatia inherited cluster munitions during the breakup of the Socialist Federal Republic of Yugoslavia. On May 2-3, 1995, an NSAG used cluster munitions from Orkan M-87 multiple rocket launchers to attack civilians in Zagreb. Additionally, the Croatian Government claimed that Serb forces dropped BL-755 cluster bombs in Sisak, Kutina, and along the Kupa River. Jane’s Information Group lists Croatian forces as possessing KMG-U dispensers for aircraft and M87 Orkan262mm rockets, which contain 288 KB-1 DPICM grenades.⁸⁰

Cuba

The Republic of Cuba is party to CCW but has yet to ratify Protocol V. It has not made a public declaration of its cluster munition stockpiles or policy. Jane’s Information Group lists Cuba as possessing KMG-U dispensers, RBK-250, RBK-275, and RBK-500 cluster bombs.⁸¹

Czech Republic

The Czech Republic is party to CCW and ratified Protocol V on June 6, 2006. It was one of the CCW states parties that supported a mandate for negotiations on a legally-binding international instrument to address the problems posed by cluster munitions. It was also among the states that issued a declaration on the final day of the CCW Third Review Conference in November 2006 calling for an agreement that would prohibit the use of cluster munitions “within concentrations of civilians,” prohibit the use of cluster munitions that “pose serious humanitarian hazards because they are for example unreliable and/or inaccurate,” and require destruction of stockpiles of such cluster munitions.⁸²

According to its Ministry of Defense, “there are no cluster munitions included in the armaments of the Czech Armed Forces” and all cluster munitions “have been excluded from service.”⁸³ Prior to this statement, the status of cluster munitions stockpiles resulting from the break-up of Czechoslovakia was unclear. However, the Czech Republic has a limited number of stockpiled RBK-250, RBK-500, and KMG-U cluster munitions that are intended for “complete liquidation eventually.” ⁸⁴  Contrary to previous information, the Czech Armed Forces has no stockpiles of RBK-275 bombs, PROSAB-250 bombs, AGAT/JRKK-G rockets, or TRNOVNIK rockets.⁸⁵ Only Nb 122-JROF RM-70 cargo rockets are used for GRAD multiple rocket launchers produced by Czechoslovakia.⁸⁶

Denmark

The Kingdom of Denmark is party to CCW and ratified Protocol V on June 28, 2005. It was one of the CCW states parties that supported a mandate for negotiations on a legally-binding international instrument to address the problems posed by cluster munitions. It was also among the states that issued a declaration on the final day of the CCW Third Review Conference in November 2006 calling for an agreement that would prohibit the use of cluster munitions “within concentrations of civilians,” prohibit the use of cluster munitions that “pose serious humanitarian hazards because they are for example unreliable and/or inaccurate,” and require destruction of stockpiles of such cluster munitions.⁸⁷

In May 2004 the Danish parliament invited the government to continue to pursue “efforts in all international fora to establish as quickly as possible an internationally binding legal ban against all kinds of cluster munitions not equipped with self-destruction, self-deactivation, or self-neutralization mechanisms.”⁸⁸

Denmark provided a detailed statement on its national view of cluster munitions in August 2005 stating, “While cluster munitions can serve legitimate military purposes, it is clear that there is currently an imbalance between military necessity and the humanitarian risk posed.”⁸⁹ It has committed itself to working toward a legally binding international regulation of cluster munitions “and establishing international standards for cluster munitions…taking into account the use and design of cluster munitions with a view to limiting humanitarian suffering.”⁹⁰

In November 2004, Denmark announced that it would no longer procure or use submunitions with a failure rate of greater than 1 percent or those which are not equipped with self-destruction or self-neutralization devices.⁹¹ A temporary ban on the procurement and use of cluster munitions has been issued and there is no type of cluster munition included in the procurement plans of the armed forces.⁹²

According to the Ministry of Defense, “No cluster bombs…are in service with the Danish Armed Forces,” and “no ground-launched cluster munition is currently in service with the Danish Armed Forces.”⁹³ Denmark has retired its inventory of Rockeye⁹⁴ cluster bombs and has removed from service 155mm Improved Conventional Munition (ICM) and ICM Base Bleed (extended range) artillery projectiles.⁹⁵

Egypt

The Arab Republic of Egypt is a signatory to CCW, but has not ratified the convention. It has not made a public declaration of its cluster munition stockpiles or policy. Egypt is a producer of cluster munitions. The Helipolis Company for Chemical Industries produces cargo projectiles for 122mm, 130mm and 152mm caliber artillery pieces which contain M42D DPICM submunitions.⁹⁶ The SAKR Factory for Developed Industries is credited with developing and producing 122mm surface-launched rockets containing 72 submunitions.⁹⁷

Egypt is also a significant recipient of exports of cluster munitions, primarily from the United States. The US provided at least 760 CBU-87 cluster bombs to Egypt as part of a foreign military sales program in the early 1990s.⁹⁸ Lockheed Martin Corporation was awarded a US$36,132,500 increment as part of a $72,265,000 contract to produce 485 Extended Range MLRS rockets for Egypt in November 1991.⁹⁹ Between 1970 and 1995, the US also supplied Egypt with 1,300 Rockeye cluster bombs.¹⁰⁰ Jane’s Information Group also notes that KMG-U dispensers are in service for Egypt’s aircraft.¹⁰¹

Eritrea

The State of Eritrea is not party to CCW and has not made a public declaration of its cluster munition stockpiles or policy. Eritrean aircraft attacked the Mekele airport in Ethiopia with cluster bombs in 1998. Additionally, Ethiopia dropped BL-755 bombs in the Gash-Barka province of western Eritrea.¹⁰² Eritrea inheritedChilean manufactured CB-500 cluster bombs when it achieved independence from Ethiopia. A UN explosive ordnance disposal team in the area of Melhadega identified and destroyed a dud M20G DPICM grenade of Greek origin in October 2004.¹⁰³

Ethiopia

The Federal Democratic Republic of Ethiopia is not party to CCW and has not made a public declaration of its cluster munition stockpiles or policy. Ethiopian aircraft attacked the Asmara airport in Eritrea with cluster bombs in 1998, and also dropped BL-755 bombs in the Gash-Barka province of western Eritrea.¹⁰⁴ Ethiopia likely imported Chilean manufactured CB-500 cluster bombs but few details are available.

Finland

The Republic of Finland is party to CCW and ratified Protocol V on March 23, 2005. Shortly thereafter, it stated, “Defence forces are at the moment reviewing the concrete measures which we need to take when the Protocol enters into force. One of the important aspects is the requirements in the technical annex, which will have an impact on our future material purchase.”¹⁰⁵

Finland acknowledges possessing one type of cluster munition, the DM-662 155mm artillery projectile which contains DPICM grenades with back-up self-destruct fuzes.¹⁰⁶ In January 2006, the Dutch Ministry of Defense announced the transfer of 18 MLRS launchers to Finland.¹⁰⁷ It was reported that 400 M26 rockets (each containing 644 M77 DPICM grenades) will be included in the sale for qualification testing and conversion into training rockets.¹⁰⁸

France

The French Republic is party to CCW and ratified Protocol V on October 31, 2006. It is a producer and exporter of cluster munitions. France used cluster munitions in Chad in 1986 and in Kuwait and Iraq in 1991.

France provided details on its national position on cluster munitions and the types of cluster munitions in current stockpiles in a working paper submitted in November 2005. It states that, “France considers that submunition weapons today remain indispensable from a military point of view.”¹⁰⁹ France maintains that it has developed a national approach to the use of cluster munitions based on “strict implementation of IHL, well adapted national concepts of use, and improvement of the reliability of all munitions, during their entire lifespan, in order to prevent them from becoming ERW.”¹¹⁰

The Armed Forces of France “deem it necessary to have submunition weapons at their disposal, as these weapons are unequalled to neutralize military objects on the ground (vehicles, machine guns, logistics facilities, etc.).”¹¹¹ Additionally, “French Armed Forces envisage using ground-to-ground submunition weapons exclusively in the context of a conflict against an enemy of the same nature, equipped with similar weapons, or likely to directly threaten the safety of French forces on the ground.”¹¹²

The four types of cluster munitions in the current stockpile of France are M26 MLRS rockets, OGR 155mm DPICM projectiles with submunitions equipped with self-destruct fuzes, BONUS 155mm sensor-fuzed weapons, and Apache missiles that deliver 10 KRISS anti-runway submunitions. It is considering replacing its M26 rockets, with its “rather unreliable submunitions,” with a rocket with a unitary warhead. France also considers that “it would be exaggerated to consider that the BONUS munition is just another type of submunition, since it does not deliver more than two submunitions at a time. Moreover, these munitions are equipped with a self-guiding system, which directs them automatically to their target during the final phase, and they are also fitted with a self-destruction mechanism.”¹¹³

French companies are active in producing cluster munitions, often as part of multinational consortia. Giat Industries and Thomson Brandt Armements produce 155mm DPICM and BONUS artillery projectiles. Matra SA, R. Alkan et Cie, and Thomson Brandt Armements are associated with the production of air-dropped cluster bombs. However, “France is not considering acquiring any other air-to-ground bombs.… Neither does it carry out any research and development in this field.”¹¹⁴ Aerospatiale and Thomson Brandt Armements participate in the production of rockets and missiles with cluster munition warheads.

The record of France’s history of cluster munition exports is incomplete. Jane’s Information Group lists exports of the BLG-66 Belouga cluster bomb to Argentina, Greece, and India.¹¹⁵ France decommissioned and destroyed its stockpile of BLG-66 Belouga cluster bombs between 1996 and 2002.¹¹⁶

Georgia

The Republic of Georgia is party to CCW but has yet to ratify Protocol V. It has not made a public declaration of its cluster munition stockpiles or policy. It inherited cluster munitions from the Soviet Union. Jane’s Information Group reports that KMG-U dispensers and RBK-500 cluster bombs are in service with the country’s air force.¹¹⁷

Germany

The Federal Republic of Germany is party to CCW and ratified Protocol V on March 3, 2005. It was one of the CCW states parties that supported a mandate for negotiations on a legally-binding international instrument to address the problems posed by cluster munitions. It was also among the states that issued a declaration on the final day of the CCW Third Review Conference in November 2006 calling for an agreement that would prohibit the use of cluster munitions “within concentrations of civilians,” prohibit the use of cluster munitions that “pose serious humanitarian hazards because they are for example unreliable and/or inaccurate,” and require destruction of stockpiles of such cluster munitions.¹¹⁸

The Christian Democratic Party (CDU)/Christian Social Union (CSU) and the Social Democratic Party (SDP) parliamentary groups introduced a motion in the Bundestag on the “Prohibition of Dangerous Cluster Munitions” on June 28, 2006 and this motion was adopted on September 28, 2006. The motion calls on Germany to work for “regulations that aim at achieving a high reliability for cluster munitions…and a limitation on the active life of these munitions as well as rules on their use under international law.”¹¹⁹ With regard for international humanitarian law, the motion calls for Germany to campaign for “a comprehensive, internationally binding and verifiable prohibition” on the production and export of all cluster munitions with dud rates over 1 percent.¹²⁰

Nationally, the motion calls upon the government to decommission all cluster munitions with a dud rate of over 1 percent that do not have self-destruct mechanisms, prohibit the production or export of cluster munitions with dud rates over 1 percent, and stop the procurement of any new cluster munitions.¹²¹ The Federal Government is to shift away from cluster munitions “towards alternative munitions” and to “examine whether…cluster munitions can be entirely replaced.”¹²² Cluster munitions are to be employed only when there are “no suitable alternative munitions.”¹²³

German stockpiles of cluster munitions include 155mm DPICM artillery projectiles (DM-642, DM-652, DM-662) containing submunitions equipped with self-destruct fuzes, DM-702 SMArt-155 sensor-fuzed munitions, M26 MLRS rockets, 110mm LARS artillery rockets, and MW-1 dispensers for aircraft which deliver an assortment of submunitions. Regarding the M26 rocket, since this “has not yet been provided with a mechanism to limit the operational phase, use of this type of munition is envisaged only after a modernization.”¹²⁴ The BL-755 air-dropped cluster munition “has continuously been phased out since the year 2001 as a consequence of its unacceptable dud rate.”¹²⁵ The motion on the “Prohibition of Dangerous Cluster Munitions” requires the Bundeswehr to immediately cease using DM-602 and DM-612 cluster munitions and cease deploying cluster munitions by the TORNADO weapon system once the aircraft is phased out of service.¹²⁶

German industry is active in the production and export of cluster munitions. Rheinmetall produces 155mm DPICM artillery projectiles for the German Armed Forces as well as export customers including Austria, Denmark, Finland, Greece, Italy, and Norway. A consortium of Diehl, GIWS, and Rheinmetall produce the SMArt-155 sensor-fuzed munition for the German Armed Forces and export customers Greece and Switzerland.¹²⁷ The consortium grantedAlliant TechSystems in the US licensed co-production rights for the SMArt-155, and Alliant has marketed the munitions in the United Arab Emirates. According to Alliant, over 11,000 SMArt-155 have been produced by consortium members.¹²⁸

LFK and RTG Euromunition produced the MW-1 dispenser for aircraft. Buck, Daimler Benz Aerospace, Diehl, Dynamit Nobel, Krauss Maffei, Krupp Atlas Elektronik, KUKA Wehrtechnik GmbH, and Thyssen Henschelhave been involved in the production of cluster munition artillery rockets for the MLRS and LARS systems.

Greece

The Hellenic Republic is party to CCW but has yet to ratify Protocol V. It has not made a public declaration of its cluster munition stockpiles or policy. Greece is a producer and importer of cluster munitions. The Greek Powder and Cartridge Company (Pyrkal) produces 155mm DPICM artillery projectiles.¹²⁹ A UN explosive ordnance disposal team in the area of Melhadega in Eritrea identified and destroyed a dud M20G DPICM grenade of Greek origin in October 2004.¹³⁰

Greece has imported DPICM artillery projectiles and sensor-fuzed weapons from Germany and 155mm DPICM artillery projectiles, M26 MLRS rockets, and Rockeye bombs from the US. According to US export records, Greece also imported 4,008 CBU-55B cluster bombs at some point between 1970 and 1995.¹³¹ Greece is the sole reported customer for the Autonomous Free Flight Dispenser System (AFDS), which disperses a variety of explosive submunitions, developed by General Dynamics (US) and LFK (Germany).¹³² Jane’s Information Group lists it as also possessing BLG-66 Belouga and CBU-71 cluster bombs.¹³³

Guinea

The Republic of Guinea is not party to CCW and has not made a public declaration of its cluster munition stockpiles or policy. Moldova reported the transfer of 860 missiles for the 220mm Uragan multiple launch rocket system with a submunition warhead (each containing 30 high-explosive grenades) to Guinea in 2000.¹³⁴

Guinea-Bissau

The Republic of Guinea-Bissau is not party to CCW and has not made a public declaration of its cluster munition stockpiles or policy. The British NGO Landmine Action documented the presence of PTAB 2.5 bomblets and RBK series air-dropped cluster munitions in the country. The munitions were ejected by an explosion at an ammunition storage facility in Bra Barrio, located in the outskirts of Bissau City, sometime in 2000.¹³⁵

Honduras

The Republic of Honduras is party to CCW but has yet to ratify Protocol V. It has not made a public declaration of its cluster munition stockpiles or policy. According to US export records, Honduras imported 120 Rockeye cluster bombs at some point between 1970 and 1995.¹³⁶

Hungary

The Republic of Hungary is party to CCW and ratified Protocol V on November 13, 2006. It was one of the CCW states parties that supported a mandate for negotiations on a legally-binding international instrument to address the problems posed by cluster munitions. It was also among the states that issued a declaration on the final day of the CCW Third Review Conference in November 2006 calling for an agreement that would prohibit the use of cluster munitions “within concentrations of civilians,” prohibit the use of cluster munitions that “pose serious humanitarian hazards because they are for example unreliable and/or inaccurate,” and require destruction of stockpiles of such cluster munitions.¹³⁷

While it has not made a public declaration of its cluster munition stockpiles or policy, officials acknowledge possessing Soviet-era air-dropped bombs and state that their status is under review.¹³⁸ Jane’s Information Group lists Hungary as possessing KMG-U dispensers, RBK-250, RBK-275, and RBK-500 cluster bombs.¹³⁹

India

The Republic of India is party to CCW and ratified Protocol V on May 18, 2005. It has not made a public declaration of its cluster munition stockpiles or policy. TheDefense Research and Development Organization of the Indian Ministry of Defence reportedly developed a cargo rocket for submunitions for the 214mm Picacha multi-barrel rocket system.¹⁴⁰ In February 2006, India bought 28 launch units for the Russian produced 300mm Smerch multiple launch rocket system fitted with dual-purpose and sensor-fuzed submunitions; it was the third export customer for the system.¹⁴¹ Jane’s Information Group lists India as possessing KMG-U dispensers, BL-755, BLG-66 Belouga, RBK-250, RBK-275, and RBK-500 cluster bombs.¹⁴²

Indonesia

The Republic of Indonesia is not party to CCW and has not made a public declaration of its cluster munition stockpiles or policy. Jane’s Information Group lists it as possessing Rockeye cluster bombs.¹⁴³

Iran

The Islamic Republic of Iran is not party to CCW and has not made a public declaration of its cluster munition stockpiles or policy. Jane’s Information Group lists it as possessing KMG-U dispensers, PROSAB-250, and BL-755 cluster bombs.¹⁴⁴ Media reports indicate that Iran tested in November 2006 a version of the Shahab-2 missile capable of delivering 1,400 bomblets.¹⁴⁵

Iraq

Iraq is not party to CCW and has not made a public declaration of its cluster munition stockpiles or policy. Cluster munitions were used in Iraq in 1991 and 2003. Prior to 2003 Iraq was active in acquiring surface-to-surface rockets with submunition payloads. This includes joint development of the M87 Orkan (known in Iraq as Ababil) with Yugoslavia.¹⁴⁶  It acquired ASTROS rockets from Brazil.¹⁴⁷  Iraq produced two types of cluster bombs called the NAAMAN-250 and NAAMAN-500.¹⁴⁸ Jane’s Information Group lists it as also possessing KMG-U dispensers and CB-470, RBK-250, RBK-275, and RBK-500 cluster bombs.¹⁴⁹

Israel

The State of Israel is party to CCW but has not yet ratified Protocol V. It has not made a public declaration of its cluster munition stockpiles or policy. Israel used cluster munitions in Syria in 1973 and in Lebanon in 1978, the 1980s, and in July-August 2006. Demining groups estimate that Israel used cluster munitions containing some 2.6 to 4 million submunitions during the most recent conflict in Lebanon, the majority of which were produced in the United States. Hezbollah fired over 100 Chinese-produced Type-81 122mm cluster munition rockets into northern Israel.

Israel is a major producer and exporter of cluster munitions, primarily artillery projectiles and rockets containing the M85 DPICM submunition equipped with a back-up pyrotechnic self-destruct fuze. Israel Military Industries (IMI) produces, license-produces, and exports artillery projectiles (105mm, 122mm, 130mm, 152mm, 155mm, 175mm, 203mm), mortar bombs (120mm), and rockets (EXTRA, GRADLAR, LAR-160). IMI has reportedly produced over 60 million M85 DPICM submunitions.¹⁵⁰ IMI concluded licensing agreements in 2004 with companies in India (Indian Ordnance Factories) and the United States (Alliant Techsystems) to produce DPICMs. Companies in Argentina (CITEFA), Germany (Rheinmetall), Romania (Romtechnica), and Switzerland (RAUG) have also assembled or produced these submunitions under license. Israel has also imported M26 rockets from the US for its MLRS launchers.¹⁵¹

Several types of air-dropped cluster munitions are produced by Israel. The Rafael Corporation is credited with producing the ATAP-300, ATAP-500, ATAP-1000 RAM, TAL-1, and TAL-2 cluster bombs as well as the BARAD Helicopter Submunition Dispenser.¹⁵²

Italy

The Italian Republic is party to CCW but has yet to ratify Protocol V. It has not made a public declaration of its cluster munition stockpiles or policy, but was one of the CCW states parties that supported a mandate for negotiations on a legally-binding international instrument to address the problems posed by cluster munitions. On January 16, 2007, the Defence Commission of the House of Representatives voted a resolution committing the government to prohibit the use of cluster munitions by the Italian Armed Forces pending a national ban, take the necessary steps to ratify CCW Protocol V, and promote the adoption of a new protocol banning unequivocally cluster munitions.

The company Simmel Difesa SpA, based in Colleferro near Rome, at one point produced mortar bombs (81mm, 120mm) and artillery projectiles (155mm) that contain DPICM submunitions.¹⁵³ Following campaigning by the Italian Campaign to Ban Landmines, the company posted on its website a notice announcing the withdrawal of such munitions from its catalogue. The company stated that it has never produced or exported cluster munitions and gave assurances that any production would respect “existing and future legislation.”¹⁵⁴ However, one investigative reportage broadcast on satellite TV channel “Rainews24” in April 2006 showed that cluster munitions were still available through Simmel’s catalogue. ¹⁵⁵

Italy also possesses M26 rockets for its MLRS launchers. Jane’s Information Group lists it as also possessing BL-755 and Rockeye cluster bombs.¹⁵⁶

Japan

Japan is party to CCW but has yet to ratify Protocol V. In 2005, it stated, “Since Japan maintains strict restriction on the use of force abroad, in light of military necessity, we do not suppose that we need to use cluster munitions outside our territory.”¹⁵⁷ Japan Self-Defense Forces “possess cluster munitions to attack and interdict vehicles such as tanks or landing crafts which deploy and move in a wide area in case of landing invasion by an adversary. From the viewpoint of Japanese military policy which is exclusively defense-oriented, we believe they are indispensable.”¹⁵⁸ Japan acknowledges stockpiling CBU-87 cluster bombs, M26 rockets for MLRS, 70mm multi-purpose submunition rockets for helicopters, and 155mm DPICM artillery projectiles. With regards to reliability, “Submunitions of cluster munitions owned by the Self-Defense Forces have a high reliability and some of them have the ability of making themselves harmless (safe) by self-destructing in case they fail to explode.”¹⁵⁹

Jordan

The Hashemite Kingdom of Jordan is party to CCW but has not ratified Protocol V. It has not made a public declaration of its cluster munition stockpiles or policy. Jordan is not known to produce cluster munitions but has received significant transfers from the United States. The US transferred 31,704 artillery projectiles (M509A1, M483) containing over 3 million DPICM submunitions to Jordan in 1995 as these were being phased out of the US inventory.¹⁶⁰ According to US export records, Jordan also imported 200 CBU-71 and 150 Rockeye cluster bombs at some point between 1970 and 1995.¹⁶¹

Kazakhstan

The Republic of Kazakhstan is not party to CCW and has not made a public declaration of its cluster munition stockpiles or policy. Jane’s Information Group reports that RBK-500 cluster bombs are in service with the country’s air force.¹⁶² It also possesses Uragan 220mm surface-to-surface rockets but it is not known if these include versions with submunition payloads.

North Korea

The Democratic People's Republic of Korea is not party to CCW and has not made a public declaration of its cluster munition stockpiles or policy. Jane’s Information Group lists North Korea as producing and stockpiling submunition warheads for 122mm, 170mm, and 240mm rockets. Jane’s Information Group also credits the air forces of North Korea as possessing KMG-U dispensers, RBK-500, and unspecified types of anti-armor and anti-runway cluster bombs.¹⁶³

South Korea

The Republic of Korea is party to CCW but has yet to ratify Protocol V. It has not made a public declaration of its cluster munition stockpiles or policy. The Ministry of Defense acknowledges that it “maintains stockpiles of old types of cluster weapons with a high failure rate. There are currently no plans to upgrade these holdings.” It adds, “Equipping old types of submunitions with [self-destruct] mechanisms is not considered feasible due to technical and financial problems.”¹⁶⁴ South Korea is known to possess M26 rockets and ATACMS missiles for its MLRS launchers. Between 1993 and 1999, the US provided 393 M26A1 Extended Range rockets, 271 M26 rockets, 111 ATACMS-1 missiles, and 111 ATACMS missiles.¹⁶⁵ The United States concluded a licensing agreement with South Korea in 2001 for production of DPICM submunitions for MLRS rockets.¹⁶⁶ South Korea also stockpiles DPICM artillery projectiles (105mm, 155mm, 203mm) imported from the US. Jane’s Information Group lists it as also possessing CBU-87 and Rockeye cluster bombs.¹⁶⁷

“South Korea stopped production of old types of cluster munitions,” according to the Ministry of Defense, and “cluster munitions currently in production have a high level of reliability and most are equipped with [self-destruct] mechanisms.”¹⁶⁸  Two companies in South Korea, Poongsan and Hanwha, produce cluster munitions. Poongsan entered into a licensed production agreement with Pakistan Ordnance Factories in November 2004 to co-produce K-310 155mm extended-range (base bleed) DPICM projectiles in Pakistan at Wah Cantonment. While the ammunition is primarily being produced for Pakistan’s army, the two firms will also co-market the projectiles to export customers.¹⁶⁹

Kuwait

Kuwait is not party to CCW and has not made a public declaration of its cluster munition stockpiles or policy. In 1995, Kuwait was the first export customer for the Russian produced 300mm Smerch multiple launch rocket system fitted with dual-purpose and sensor-fuzed submunitions, buying 27 launch units.¹⁷⁰

Libya

The Great Socialist People's Libyan Arab Jamahiriya is not party to CCW and has not made a public declaration of its cluster munition stockpiles or policy. Jane’s Information Group lists Libya as possessing KMG-U dispensers and RBK-500 aerial cluster bombs.¹⁷¹

Moldova

The Republic of Moldova is party to CCW but has yet to ratify Protocol V. It has not made a public declaration of its cluster munition policy. In 2003, Moldova reported that it possessed 11 220mm Uragan multiple launch rocket systems.¹⁷² It reported the transfer of 860 missiles for this launch system with a submunition warhead (each containing 30 high-explosive grenades) to Guinea in 2000.¹⁷³ It also exported 13 Urugan launch systems to Yemen in 1994.¹⁷⁴

Mongolia

Mongolia is not party to CCW and has not made a public declaration of its cluster munition stockpiles or policy. Jane’s Information Group reports that KMG-U dispensers are in service with the country’s air force.¹⁷⁵

Morocco

The Kingdom of Morocco is party to CCW but has yet to ratify Protocol V. It has not made a public declaration of its cluster munition stockpiles or policy. Between 1970 and 1995, the US transferred to Morocco 2,994 CBU-52, 1,752 CBU-58, 748 CBU-71, and 850 Rockeye cluster bombs.¹⁷⁶ The British NGO Landmine Action reports that there is significant contamination by air-dropped (BLU-63 delivered by CBU-71A/B) and ground-delivered cluster munitions (M42 and M46 DPICM delivered by 155mm M483A1) in the disputed territory of the Western Sahara.¹⁷⁷

Netherlands

The Kingdom of the Netherlands is party to CCW and ratified Protocol V on July 18, 2005. The Royal Netherlands Air Force dropped CBU-87 cluster bombs during the 1999 NATO intervention in Yugoslavia, including Kosovo.  Eurometaal NV formerly produced cluster munitions in the Netherlands.¹⁷⁸

During the CCW Review Conference in November 2006, the Netherlands did not support either the proposed mandate or the declaration in favor of a new international instrument on cluster munitions.

In regard to the applicability of existing IHL to cluster munition use, the Netherlands has stated, “The criterion of discrimination is to be applied by the operator of the weapon system delivering the ammunition in question, for the evaluation of which the operator must take into account the effects of the ammunition in relation to the target or target area. Provided they are used for appropriate targets, cluster munitions can be used in a discriminate manner on this basis.”¹⁷⁹ In terms of military utility, “Cluster ammunition is used to attack a group of smaller targets in a defined area. Examples include military airfields, military compounds, convoys of military vehicles, etc. By using cluster ammunition, multiple targets can be engaged in a single attack without the need for multiple attacks.”¹⁸⁰

With regard to stockpiles of cluster munitions held by the Netherlands, “The Royal Netherlands Air Force is considering withdrawal of the BL-755 from its inventory in the near future. Furthermore, the Royal Netherlands Air Force is considering two modifications to the existing CBU-87. The first modification is to add precision guidance capability to the cluster ammunition itself (the main unit). The second modification is to equip the sub-munitions with a self-destruct feature.” In October 2005, State Secretary for Defense Procurement Cees van der Knaap stated that the BL-755 cluster bombs would be destroyed, with the disposal process scheduled to be completed by the end of 2006.¹⁸¹

In May 2005, the government said, “Due to replacement of artillery systems most M483 DPICM grenades are to be taken out of inventory. The remaining grenades are to be used by PzH2000 systems currently being introduced.”¹⁸² In 2004, the Royal Netherlands Army had a stockpile of 174,000 M483A1 155mm DPICM artillery projectiles. Of these, 120,000 projectiles were to be destroyed and 54,000 retained until the delivery platform was taken out of service.¹⁸³

In January 2006, the Ministry of Defence announced the transfer of 18 MLRS launchers to Finland.¹⁸⁴ It was previously reported that 400 M26 rockets (each containing 644 M77 DPICM grenades) will be included in the sale for qualification testing and conversion into training rockets. The remaining stockpile of 16,000 M26 rockets in the Dutch inventory will apparently not be transferred and will be destroyed.¹⁸⁵

Nigeria

The Federal Republic of Nigeria is a signatory of CCW. It has not made a public declaration of its cluster munition stockpiles or policy. Nigerian ECOMOG peacekeepers used BLG-66 Belouga bombs in an attack on the eastern town of Kenema in Sierra Leone in 1997. Jane’s Information Group reports that BL-755 cluster bombs are in service with the country’s air force.¹⁸⁶

Norway

The Kingdom of the Norway is party to CCW and ratified Protocol V on December 8, 2005. Norway announced on November 16, 2006 its intention to facilitate a process aimed at the negotiation of a new international treaty prohibiting cluster munitions that cause unacceptable harm to civilians. It will host the first meeting of such a process from February 22-23, 2007.  Additionally, Norway is observing a moratorium on the use of cluster munitions pending a new international agreement.

In March 2006 Norway stated, “We strongly believe in an instrument on cluster munitions, and are willing to pursue the issue on a wide front.”¹⁸⁷  It was also among the states that issued a declaration on the final day of the CCW Third Review Conference in November 2006 calling for an agreement that would prohibit the use of cluster munitions “within concentrations of civilians,” prohibit the use of cluster munitions that “pose serious humanitarian hazards because they are for example unreliable and/or inaccurate,” and require destruction of stockpiles of such cluster munitions.¹⁸⁸ Norway has also urged CCW states parties to “consider a more general prohibition on the use of cluster munitions against military targets located in civilian areas.”¹⁸⁹

Norway argues that cluster munition use raises problems under the Geneva Convention’s Additional Protocol I Article 51(5)(2) prohibition on indiscriminate bombardments, and, given the wide dispersal pattern, under the Article 51(4) limitations on attacking military targets near civilian areas. It also argues that “the use of cluster munitions, due to their high number of submunitions, their wide dispersal, and, in many cases, their high dud rate” may pose problems under the proportionality principle.¹⁹⁰It also suggested that high-altitude aerial bombardment using cluster munitions violates the principle of distinction.¹⁹¹

The Norwegian Armed Forces have a stockpile of 53,000 155mm DPICM artillery projectiles in service, the DM-642 (each with 63 DM-1383 grenades) and the DM-662 (each with 49 DM-1385 grenades). In February 2005, the Ministry of Defence stated, “Cluster munitions are not produced in Norway…. All submunitions in Norwegian stock are equipped with self-destruct mechanisms.”¹⁹² Norway has destroyed its stockpile of Rockeye cluster bombs.¹⁹³

In tests carried out in Norway in September and October 2005 of the Norwegian stockpile of cluster munitions, as well as identical UK-owned DPICM projectiles, submunition failure rates of 2.3 percent, 2 percent and 1.3 percent were achieved. Consequently, the Minister of Defence in May 2006 ordered a full review of the Norwegian stockpile of cluster munitions and new tests were carried out in September 2006.

Oman

The Sultanate of Oman is not party to CCW and has not made a public declaration of its cluster munition stockpiles or policy. Jane’s Information Group lists it as possessing BL-755 and Rockeye cluster bombs.¹⁹⁴

Pakistan

The Islamic Republic of Pakistan is party to CCW but has yet to ratify Protocol V. It has not made a public declaration of its cluster munition stockpiles or policy. Pakistan Ordnance Factories produces and offers for export M483A1 155mm artillery projectiles containing 88 M42/M46 DPICM grenades.¹⁹⁵ The South Korean company Poongsan entered into a licensed production agreement with Pakistan Ordnance Factories in November 2004 to co-produce K-310 155mm extended-range base bleed DPICM projectiles in Pakistan at Wah Cantonment. While the ammunition is being produced for Pakistan’s army, the two firms will also co-market the projectiles to export customers.¹⁹⁶

Jane’s Information Group credits the Pakistan Air Weapons Center with the production of the Programmable Submunitions Dispenser (PSD-1), which is reported to be similar to the Rockeye cluster bomb, and dispenses 225 anti-armor bomblets.¹⁹⁷ It states that the Pakistan National Development Complex produces and markets the Hijara Top-Attack Submunitions Dispenser (TSD-1) cluster bomb.¹⁹⁸ It also lists Pakistan’s air forces as possessing BL-755 cluster bombs.¹⁹⁹ The US also transferred to Pakistan 200 Rockeye cluster bombs at some point between 1970 and 1995.²⁰⁰

Poland

The Republic of Poland is party to CCW but has yet to ratify Protocol V.   According to the Ministry of Defense, “From a military perspective cluster weapons offer unmatched cost-effectiveness in their ability to dispense carried submunitions/bomblets over a broad area and attack multiple targets.”²⁰¹ However, this view is tempered with this realization: “The fact that submunitions are able to destroy targets with equal effectiveness on the whole attack area, might lead to careless target selection by their users, by consequence increasing risk of collateral damage.”²⁰²

Additionally, “Unexploded bomblets could delay military operations and result in military casualties for the troops that deployed these weapons. Thus it is both in the military and humanitarian interests that the use of the less reliable submunitions be avoided and the failure rate of submunitions be reduced.”²⁰³ In regards to future procurements of cluster munitions, “The Ministry of Defense requires during acceptance tests less than 2.5% failure rate for the purchased submunitions.”²⁰⁴

With respect to the applicability of existing IHL to cluster munition use, Poland states that military commanders should take “precautionary measures” to minimize civilian casualties from submunitions, “bear[ing] in mind…the manufacturer’s user guidelines, such as topographic conditions affecting the correct performance of the submunitions (it could be failure-prone in marshland and woodlands).”²⁰⁵

Poland acknowledges possessing both air-dropped and surface-launched cluster munitions. Polish land forces are equipped with 122mm artillery rockets for BM-21 and RM-70/85 multiple launch rocket launchers. Each rocket contains 42 GKO DPICM submunitions. Land forces also possess 98mm mortar bombs each contain 12 GKO DPICM submunitions. The GKO DPICM submunition is equipped with a backup self-destruct fuze.²⁰⁶ The Polish company Tlocznia Metali Pressta Spolka Akcynjna manufactures 122mm rockets.²⁰⁷

With regard to air-dropped cluster munitions, the Ministry of Defense states, “The Polish Air Force possesses a small residual stock of old cluster bombs which entered into service in the 1980s during the treaty of Warsaw era. Moreover it should be stressed that the current military Air Forces doctrine does not anticipate any use of air-delivered cluster munitions both in present and future military operations. Therefore it is almost certain that those weapons will be left untouched in their storage sites until their life span expires.”²⁰⁸

The Polish company Dezamet produced the ZK-300 Kisajno cluster bomb containing 315 LBOk-1 fragmentation bomblets.²⁰⁹ Jane’s Information Group also lists Poland as possessing KMG-U dispensers, RBK-250, RBK-275, and RBK-500 cluster bombs.²¹⁰

Portugal

The Portuguese Republic is party to CCW but has yet to ratify Protocol V. It was one of the CCW states parties that supported a mandate for negotiations on a legally-binding international instrument to address the problems posed by cluster munitions. It was also among the states that issued a declaration on the final day of the CCW Third Review Conference in November 2006 calling for an agreement that would prohibit the use of cluster munitions “within concentrations of civilians,” prohibit the use of cluster munitions that “pose serious humanitarian hazards because they are for example unreliable and/or inaccurate,” and require destruction of stockpiles of such cluster munitions.²¹¹

Portugal has not made a public declaration of its cluster munition stockpiles or policy. The only indication that Portugal stockpiles cluster munitions was mention in its annual national report for CCW Amended Protocol II in 2005 of the destruction of 11 BL-755 cluster bombs.²¹²

Romania

Romania is party to CCW but has yet to ratify Protocol V. It has not made a public declaration of its cluster munition stockpiles or policy. The company SN Romarm SA produces two types of 152mm DPICM artillery projectiles called the CG-540 and CG-540 ER, which contain GAA-001 bomblets. This is reported to be a joint production and marketing venture with Israel Military Industries. The GAA-001 bomblet is described as identical to the Israeli M85 and is produced by the Romanian company Aeroteh SA.²¹³ The company ROMAIR is reported to have developed and produced the CL-250 cluster bomb, which is described as similar in appearance to the RBK-250. It is reported to carry BAAT-10 antitank bomblets and BF-10T antipersonnel bomblets.²¹⁴ Jane’s Information Group also lists Romania as possessing KMG-U dispensers, RBK-250, RBK-275, and RBK-500 cluster bombs.²¹⁵

Russia

The Russian Federation is party to CCW but has yet to ratify Protocol V. It has not made a public declaration of its cluster munition stockpiles or policy. In August 2005, Russia said, “As for the cluster munitions use, the Russian armed force are guided in their activities by the principles of legality, distinction, proportionality, precautions, environmental protection and military necessity.”²¹⁶Russia has argued that submunitions can be accurately targeted to minimize civilian damage, implying that it could isolate military targets in populated areas.²¹⁷ It has used cluster munitions in Chechnya.²¹⁸

Russia, and historically the USSR, is a major producer and exporter of cluster munitions. It likely stockpiles significant numbers of cluster munitions. Cluster munitions of Russian/Soviet origin are reported to be in the stockpiles of the following countries: Algeria, Angola, Bulgaria, Croatia, Cuba, Egypt, Hungary, India, Iran, Iraq, Kazakhstan, North Korea, Kuwait, Libya, Moldova, Mongolia, Poland, Romania, Slovakia, Sudan, Syria, and Yemen. The following companies are associated with the production of cluster munitions: Bazalt State Research and Production Enterprise (air-dropped bombs), Mechanical Engineering Research Institute (120mm, 152mm, 203mm artillery projectiles), and Splav State Research and Production Enterprise Rocket (122mm, 220mm, 300mm rockets and missiles). The types of cluster munitions produced by Russia are listed in the following table:²¹⁹

Saudi Arabia

The Kingdom of Saudi Arabia is not party to CCW and has not made a public declaration of its cluster munition stockpiles or policy. The US transferred 600 CBU-87 Combined Effects Munitions cluster bombs to it as part of a larger arms sales package announced in 1992.²²⁰ In 1991, the US announced it intent to transfer 1,200 CBU-87 cluster bombs.²²¹ The US also transferred to Saudi Arabia 1,000 CBU-58 and 350 CBU-71 cluster bombs at some point between 1970 and 1995.²²² Jane’s Information Group reports that BL-755 bombs are also in service with the country’s air force.²²³

Saudi Arabia is also a customer for the ASTROS multiple launch rocket system produced by Brazil.²²⁴ These weapons were used by Saudi forces against Iraqi forces during the battle of Khafji in January 1991, leaving behind significant amounts of unexploded submunitions.²²⁵

Serbia

Serbia is party to CCW but has yet to ratify Protocol V. It has not made a public declaration of its cluster munition stockpiles or policy. It was one of the CCW states parties that supported a mandate for negotiations on a legally-binding international instrument to address the problems posed by cluster munitions. It was also among the states that issued a declaration on the final day of the CCW Third Review Conference in November 2006 calling for an agreement that would prohibit the use of cluster munitions “within concentrations of civilians,” prohibit the use of cluster munitions that “pose serious humanitarian hazards because they are for example unreliable and/or inaccurate,” and require destruction of stockpiles of such cluster munitions.²²⁶

Forces of Yugoslavia and NSAG used available stocks of cluster munitions during the 1998-1999 conflict in Kosovo. There were several cross-border rocket attacks by Yugoslav forces into Albania. Additionally, aircraft from the Netherlands, UK, and US dropped cluster bombs in Serbia and Kosovo during the 1999 NATO air campaign.

Serbia likely inherited the production and marketing capabilities of the Socialist Federal Republic of Yugoslavia. The company Yugoimport SDPR is associated with the production of 122mm and 155mm DPICM artillery projectiles and M87 Orjan surface-to-surface rockets. The type of submunitions carried in these cluster munitions are the KB-1 and KB-2 DPICM. Yugoslavia was the first non-Western country to produce and export DPICM.²²⁷

According to the Jane’s Information Group, “At the 1991 Paris Air Show it became known that the Yugoslav Air Force was in possession of several bomblets of various types and at least one cluster bomb and cluster bomb unit. Some bombs were thought to have been bought direct from the USSR, and it is believed that others were manufactured under license or even designed by the Federal Directorate of Supply and Procurement (SDPR) in Belgrade, now Serbia.”²²⁸ The designations of the cluster bombs are RAB-120 and KPT-150. Jane’s Information Group lists it as possessing BL-755 cluster bombs.²²⁹

Singapore

The Republic of Singapore is not party to CCW and has not made a public declaration of its cluster munition stockpiles or policy. The company Singapore Technologies Kinetics Ltd (ST Kinetics) produces two types of 155mm DPICM artillery projectiles (containing 63 or 49 grenades) equipped with electro-mechanical self-destruct fuzes with an advertised dud rate of 3 percent.²³⁰ The company also produces a 120mm mortar bomb which delivers 25 DPICM grenades.²³¹ The US also transferred to Singapore 350 CBU-71 cluster bombs at some point between 1970 and 1995.²³² 

Slovakia

The Slovak Republic is party to CCW and ratified Protocol V on March 23, 2006. It has not made a public declaration of its cluster munition stockpiles or policy, but it was one of the CCW states parties that support a mandate for negotiations on a legally-binding international instrument to address the problems posed by cluster munitions. It was also among the states that issued a declaration on the final day of the CCW Third Review Conference in November 2006 calling for an agreement that would prohibit the use of cluster munitions “within concentrations of civilians,” prohibit the use of cluster munitions that “pose serious humanitarian hazards because they are for example unreliable and/or inaccurate,” and require destruction of stockpiles of such cluster munitions.²³³ The company Konstrukta Defense produces 152mm artillery projectiles and 122mm surface-to-surface rockets with DPICM submunition payloads.²³⁴

South Africa

The Republic of South Africa is party to CCW but has yet to ratify Protocol V.  During the CCW Review Conference in November 2006, South Africa did not support either the proposed mandate or the declaration in favor of a new international instrument on cluster munitions.

In regard to the applicability of existing IHL to cluster munition use, “the South African Armed Forces perceive cluster weapons as valid weapons of war when applied correctly in terms of the law of war.”²³⁵ According to the Foreign Ministry, “the South African Defence Force has manufactured and used submunitions in the past, which have been phased out, and is in the process of developing newer generations of submunitions.”²³⁶ South Africa has established a reliability requirement for cluster munitions; they “must function as intended at a reliability rate better than 98% and at a confidence level of better than 95%.”²³⁷

South Africa stockpiles the M2001 155mm DPICM artillery projectile, produced by Denel, which contains 42 submunitions with self-destruct devices.²³⁸ Furthermore, “In the 155mm product line, a back-up self-destruct pyrotechnical feature is incorporated into the fuze which separates the detonation train from the main charge.”²³⁹ Additionally, “Details of reliability and functioning of the current generations of submunitions in the South African arsenal are classified, suffice to say that reliability for submunitions to function as intended is currently better than 98% and at a confidence level of better than 95%.”²⁴⁰

South Africa also possesses one type of cluster bomb, called TIEKIE, which has been degraded for training use only.²⁴¹ Denel also produced the CB-470 cluster bomb containing 40 Alpha bomblets, although it is thought that this was produced for export purposes only. Iraq is reported to have bought the CB-470 in the late 1980s.²⁴²

Spain

The Kingdom of Spain is party to CCW and ratified Protocol V on February 9, 2007. Spain has stated, “All types of cluster munitions have a high operational value as a means to deny enemy forces the use of key targets temporally.”²⁴³ However, Spain was one of the CCW states parties that supported a mandate for negotiations on a legally-binding international instrument to address the problems posed by cluster munitions. On October 29, 2002, the Spanish Parliamentary Defense Commission unanimously approved a motion according to which the Spanish government, in the framework of the CCW, should maintain a favorable position toward banning the use of cluster bombs against non-military targets. The inclusion of technical improvements on these bombs, such as those related to self-destruction, detectability and neutralization should also be pursued.²⁴⁴

Spain currently stockpiles three types of cluster munitions: CBU-100/B (Rockeye) cluster bomb (imported from US), BME-330 anti-runway cluster bomb (produced nationally), and mortar bomb MAT-120 (produced nationally).²⁴⁵ The companies Esperanza y Cia, Expal Explosivos SA, Instalaza SA, International Technology SA, and Santa Barbara SA are associated with the production of cluster munitions.

Sudan

The Republic of the Sudan is not party to CCW and has not made a public declaration of its cluster munition stockpiles or policy. Sudanese government forces sporadically used air-dropped cluster munitions in southern Sudan between 1996 and 1999. Jane’s Information Group reports that KMG-U dispensers are in service with the country’s air force.²⁴⁶

Sweden

The Kingdom of Sweden is party to CCW and was the first country to ratify Protocol V on June 2, 2004. The Minister of Foreign Affairs said to the Swedish parliament on March 7, 2006, that “Sweden will pursue the issue of adopting a negotiating mandate to regulate cluster weapons at the upcoming Third Review Conference [of CCW] in the fall of 2006.”²⁴⁷ It introduced the proposal for a negotiating mandate in September 2006. It was also among the states that issued a declaration on the final day of the CCW Third Review Conference in November 2006 calling for an agreement that would prohibit the use of cluster munitions “within concentrations of civilians,” prohibit the use of cluster munitions that “pose serious humanitarian hazards because they are for example unreliable and/or inaccurate,” and require destruction of stockpiles of such cluster munitions.²⁴⁸

In regard to the applicability of existing IHL to cluster munition use, Sweden states that the use of a cluster bomb with submunitions with a high dud rate “in populated areas is likely to create a disproportionate suffering for the civilian population compared to the military advantage from the use of such a weapon. Furthermore, it could be argued that a cluster bomb with a large ‘foot print’ can be considered to be indiscriminate if used in a populated area.”²⁴⁹

The Swedish Air Force stockpiles one type of cluster munition, the BK-90 Mjölner, which dispenses MJ-1 fragmentation bomblet and the MJ-2 anti-armor proximity fuzed bomblet.²⁵⁰ The failure rate of the bomblets is reported to be less than 1 percent and if the submunition becomes a dud on the ground, it is designed to self-deactivate after two hours preventing it from being dangerous.²⁵¹ The German company LFK is the prime contractor for the BK-90 with participation of SAAB Bofors Dynamics.²⁵²

The BONUS sensor-fuzed weapon carried in a 155mm artillery projectile is co-produced in Sweden by Saab Bofors Dynamics and is in service with the Swedish Army.²⁵³

Switzerland

The Swiss Confederation is party to CCW and ratified Protocol V on May 12, 2006. It was one of the CCW states parties supporting a mandate for negotiations on a legally-binding international instrument to address the problems posed by cluster munitions. It was also among the states that issued a declaration on the final day of the CCW Third Review Conference in November 2006 calling for an agreement that would prohibit the use of cluster munitions “within concentrations of civilians,” prohibit the use of cluster munitions that “pose serious humanitarian hazards because they are for example unreliable and/or inaccurate,” and require destruction of stockpiles of such cluster munitions.²⁵⁴

Addressing the applicability of existing IHL to cluster munition use, Switzerland called use of cluster weapons in densely populated areas “highly problematic” with regard to the principle of distinction.²⁵⁵ Switzerland warned that the use of cluster munitions, especially those with a high dud rate, in populated areas may violate the principle of distinction.²⁵⁶Switzerland also supports the discussion of preventive technical measures to increase the reliability of certain specific types of munitions, including submunitions, in the framework of the CCW.²⁵⁷

In terms of military utility, “The Swiss Armed Forces would use its submunition during defensive fire support operations on its own territory.”²⁵⁸ Switzerland stockpiles three types of 155mm artillery projectiles with M85 self-destructing DPICM grenades (KaG-88 containing 63 grenades, KaG-90 containing 49 grenades, and KaG-88/99 containing 84 grenades) and MP-98 120mm mortar bomb containing 32 M85 grenades.²⁵⁹ Switzerland also procured the SMArt-155 sensor fuzed weapon as part of its 2001 Armament Program.²⁶⁰

According to the Department of Foreign Affairs, “All types of submunition in the stocks of the Swiss Armed Forces are equipped with a [self-destruct] device. In case an individual bomblet fails to function as intended, an independent mechanism will self-destruct the primary detonator of the individual bomblet with a high probability.… Therefore, the submunition of the Swiss Armed Forces has an overall reliability of at least 98%. The great majority of the maximum 2% unexploded bomblets remaining on the ground do not pose a humanitarian risk since they are in a safe or neutralized status.”²⁶¹

Switzerland has destroyed its stocks of BL-755 cluster bombs. “The Swiss Armed Forces no longer have any cluster bomb units (an aircraft store composed of a dispenser and submunition) on stock, due to humanitarian concerns and the decision not to use aircrafts capable for ground combat.”²⁶²

Syria

The Syrian Arab Republic is not party to CCW and has not made a public declaration of its cluster munition stockpiles or policy. Jane’s Information Group lists it as possessing KMG-U dispensers, RBK-250, RBK-275, and RBK-500 aerial cluster bombs.²⁶³

Thailand

The Kingdom of Thailand is not party to CCW and has not made a public declaration of its cluster munition stockpiles or policy. The US supplied it with 500 Rockeye and 200 CBU-71 cluster bombs at some point between 1970 and 1995.²⁶⁴

Turkey

The Republic of Turkey is party to CCW but has yet to ratify Protocol V. It has not made a public declaration of its cluster munition stockpiles or policy. The company Makina ve Kimya Endustrisi Kurumu (MKEK) license produced M483A1 155mm DPICM artillery projectiles.²⁶⁵ Turkey possesses M26 rockets and ATACMS missiles for its MLRS launchers. The United States announced in October 2004 its intent to transfer to Turkey a small number of CBU-103 Combined Effects Munitions and AGM-154 Joint Stand-Off Weapons.²⁶⁶ The US supplied it with 3,304 Rockeye cluster bombs at some point between 1970 and 1995.²⁶⁷

Turkmenistan

Turkmenistan is party to CCW but has yet to ratify Protocol V. It has not made a public declaration of its cluster munition stockpiles or policy. Turkmenistan inherited a stockpile of cluster munitions from the Soviet Union. It possesses Uragan 220mm and Smerch 300mm surface-to-surface rockets but it is not known if these include versions with submunition payloads.

Ukraine

Ukraine is party to CCW and ratified Protocol V on May 17, 2005. It has not made a public declaration of its cluster munition stockpiles or policy. Ukraine inherited a stockpile of cluster munitions from the Soviet Union. Jane’s Information Group lists it as possessing KMG-U dispensers, RBK-250, RBK-275, and RBK-500 cluster bombs.²⁶⁸ Ukraine also possesses Uragan 220mm and Smerch 300mm surface-to-surface rockets, but it is not known if these include versions with submunition payloads.

United Arab Emirates

The United Arab Emirates is not party to CCW and has not made a public declaration of its cluster munition stockpiles or policy. The US provided 1,800 CBU-87 cluster bombs as part of a larger foreign military sales deal in 1999.²⁶⁹ Jane’s Information Group reports that BL-755 bombs are also in service with the country’s air force.²⁷⁰

United Kingdom

The United Kingdom of Great Britain and Northern Ireland is party to CCW, but has yet to ratify Protocol V. The UK is a producer, importer, and exporter of cluster munitions. It used cluster munitions in the Falkland Islands in 1982, Iraq and Kuwait in 1991, Yugoslavia (including Kosovo) in 1999, and Iraq in 2003. In March 2005, the UK stated, “Currently cluster munitions represent an essential capacity against area targets, particularly groups of military vehicles. Stringent considerations of the risk of collateral damage are applied each time they are used. In the long term they are likely to be used more sparingly, as new precision weapons come into service, and one day may be removed from service altogether.”²⁷¹

The UK led the effort at the recent Third CCW Review Conference in November 2006 to promote further discussions in 2007 on ERW with a focus on cluster munitions.²⁷² The UK also announced at the Review Conference that it plans to withdraw from service, by the middle of the next decade, “dumb” cluster munitions and called on other countries to do the same.²⁷³

Also in November 2006 the “Cluster Munitions Prohibition Bill” was introduced in the House of Lords. The bill would prohibit the use, development, production, acquisition, possession, and transfer of cluster munitions. The bill’s definition of cluster munition excludes containers with sensor fuzed submunitions “which autonomously detect and engage military targets and which self-destruct, self-deactivate or self neutralise.”²⁷⁴

In regard to the applicability of existing IHL to cluster munition use, “The UK does not believe that area weapons, such as CBUs, are inherently inaccurate since an area of land or a vehicle convoy may be a legitimate military objective and may be accurately engaged by such weapons.”²⁷⁵ Additionally, “Cluster munitions are designed to be used predominantly against an array of military targets in the open, such as military vehicles, both armoured and soft-skinned, troops and logistic sites, or where there is a need for suppression. Air-delivered and ground launched cluster munitions serve different purposes, are used in different circumstances and are not designed to be a substitute for each other. Cluster munitions are not indiscriminate, either by design or in the way they are used and, as the definition suggests, they are designed to be spread over a pre-determined footprint, thus making them effective against area targets.”²⁷⁶

The UK stockpile of cluster munitions includes two variants of the BL-755 cluster bomb, M26 MLRS rockets, L20A1 155mm DPICM artillery projectiles containing the M85 grenade, and the submunition variant of the air-to-ground CRV-7 rocket system.²⁷⁷ M483 DPICM 155mm artillery projectiles were “declared obsolete and taken out of service in April 2001. The stockpile is being disposed of under a programme which is due to be completed in the second half of 2007.”²⁷⁸

In answers to Parliamentary questions, UK defense official revealed plans to dispose of its stockpile of “dumb” cluster munitions. In March 2007, the UK intends to award a contract to dispose of 50 percent of its stockpile of M26 MLRS Rockets over the next three years. It is envisioned that the entire M26 stockpile will be disposed of by 2013. On January 22, 2007 a contract was let to destroy “a significant quantity” of BL-755 and RBL-755 air-dropped bombs. All of these bombs are envisioned to be phased out by 2010.²⁷⁹

The US also supplied the UK with 1,008 CBU-87B cluster bombs at some point between 1970 and 1995, but they do not appear to be in service any longer.²⁸⁰

The UK purchased 59,364 L20A1 DPICM projectiles between 1996 and 2004. The L20A1 projectiles, 2,100 of which were used in the 2003 invasion of Iraq, were manufactured by BAE Systems Royal Ordnance under license from Israel Military Industries.²⁸¹ Some test results have been made available: “The manufacturers firing trials indicated that 97% of armed grenades will have a successfully functioning self-destruct mechanism.… The results of the acceptance proofs for lots 1 to 3 for which 60 shells (2,940 bomblets) were fired with 22 bomblet failures represent[s] a failure rate of 0.74%. Of these failures, only 6 of the bomblets had armed…. In Sep 05 the first in-service safety and performance test was carried out…at Hjerkinn Range, Dombass, Norway. During the test 175 shells were fired of which none failed, 8,575 bomblets deployed of which 197 failed, giving a bomblet failure rate of 2.3%.”²⁸²

Similarly, test results are also available for other cluster munitions in the UK inventory. The failure rate for M26 rockets, “derived from actual flight tests is between 5% and 10% and is largely dependant on ground conditions and range.”²⁸³ With regard to the two variants of the BL-755 cluster bomb used by the UK, “On average, over [a] 15 year period, the most recent statistics indicate that the overall failure rate is 6.4%. Analysis of the failure modes indicates that 0.9% fail in an unarmed state and 5.5% fail unsafe and are a potential hazard.”²⁸⁴ UK representatives stated in March 2005, “The UK accepts that its air-dropped cluster bombs have a failure rate that is unacceptably high. This particular weapon will go out-of-service in coming years.”²⁸⁵ BL-755 cluster bombs produced in the UK have been exported to, or ended up being possessed by, Belgium, Eritrea, Germany, India, Iran, Italy, Netherlands, Nigeria, Oman, Pakistan, Saudi Arabia, Switzerland, Thailand, the United Arab Emirates, and Yugoslavia.²⁸⁶

United States

The United States of America is party to CCW but has yet to ratify Protocol V. It is a major producer and exporter of cluster munitions. The United States used cluster munitions in Southeast Asia (Cambodia, Laos, and Vietnam) in the 1960s and 1970s, Persian Gulf (Iraq, Kuwait, and Saudi Arabia) in 1991, Yugoslavia (including Kosovo) in 1999, Afghanistan in 2001 and 2002, and Iraq in 2003.

The US has said, “With respect to the suggestion by some that the use of cluster munitions is a humanitarian crisis and that their use may be indiscriminate in their effect, we join those who call for increasing reliability of cluster munitions through improved fusing and self-destruct mechanism.… Enhancing the reliability of munitions systems is an important goal from a military as well as a humanitarian point of view.”²⁸⁷ Additionally, “The call by some for a prohibition on the use of cluster munitions in or near populated areas is an overly simplistic approach that ignores the observations of recent conflicts. The imposition of such a prohibition would provide further incentives to those who employ the unlawful tactic of positioning lawful military targets among civilians and civilian infrastructure in an attempt either deter or shield legitimate attacks or deliberately endanger noncombatants to gain political advantage. Inevitably, a targeting prohibition of this type would potentially increase harm to civilians, rather than further reduce humanitarian risk.”²⁸⁸

In 2001, then-Secretary of Defense William Cohen issued a policy memorandum stating that all submunitions reaching a Milestone 3 production decision in fiscal year 2005 and beyond would have a dud rate of less than 1 percent.²⁸⁹ In other words, submunitions that reach “full rate production,” that is production for use in combat, during the first quarter of fiscal year 2005 or thereafter must meet the new standard.²⁹⁰

Senators Dianne Feinstein and Patrick Leahy introduced on February 14, 2007 the “Cluster Munitions Civilian Protection Act of 2007.” If passed, this legislation will cut off US funds for the use, sale, or transfer of cluster munitions that have a dud rate greater than 1 percent. The bill also specifies that cluster munitions with a dud rate of less than 1 percent can only be used against clearly defined military targets and cannot be used near civilian populations.

An October 2004 report to Congress by the Department of Defense (DOD) provides details on a stockpile of 5.5 million cluster munitions containing about 728.5 million submunitions.²⁹¹This figure however does not appear to be a full accounting of cluster munitions available to US forces. In particular, the tally does not include cluster munitions that are part of the War Reserve Stocks for Allies (WRSA).²⁹² Human Rights Watch has previously estimated that the US inventory, including WRSA, totaled about one billion submunitions.²⁹³  

Cluster munitions are particularly ubiquitous in the stores of US ground forces. According to the DOD report, the Army has about 638.3 million cluster submunitions (88 percent of the total inventory) and the Marine Corps has about 53.3 million (7 percent). The report states, “Cannon and rocket artillery cluster munitions comprise over 80% of Army fire support capability,” and they “comprise the bulk of the Marine Corps artillery munitions.”²⁹⁴ The Air Force stockpiles about 22.2 million air-delivered cluster bombs (3 percent of the cluster inventory) and the Navy about 14.7 million (2 percent).

Of the 728 million submunitions, only 30,990 have self-destruct devices (.00004 percent).²⁹⁵The DOD report cites failure rates of 2 to 6 percent for most of the submunitions, based on lot acceptance testing and stockpile reliability testing. Previous DOD documents have indicated much higher failure rates for the most common submunitions.²⁹⁶ Organizations involved in unexploded ordnance clearance in various countries also cite higher failure rates.

Both ground and air forces stockpile large numbers of outdated cluster munitions that have caused significant harm to civilians in recent conflicts. The Army and Marine Corps have 155mm artillery projectiles (M483/M483A1 and M864) containing about 402 million DPICM submunitions. The October 2004 DOD report cited a failure rate of 3 percent, while a July 2000 Army study cited 14 percent.²⁹⁷ Similarly, the Army has M26 Multiple Launch Rocket Systems (MRLS) containing about 282 million submunitions; the DOD report cited a failure rate of 5 percent, while an earlier study cited 16 to 23 percent.²⁹⁸

The Air Force has CBU-87 cluster bombs containing more than 20 million submunitions; the DOD report cited a failure rate of 4 to 6 percent, while UN clearance operations in Kosovo found a 7 percent failure rate.²⁹⁹ The Navy retains Rockeye cluster bombs with about 14.5 million submunitions; the DOD report cited a surprisingly low 2 percent failure rate.³⁰⁰

Even using the report’s very conservative dud rates, however, the current submunition inventory, if employed, would leave behind more than 27 million hazardous duds. The report says that legacy munitions “will remain in the department’s inventory until used or until they reach their extended life and are demilitarized.”³⁰¹  Thus, while the DOD will destroy some submunitions because they have expired, it has no plans to destroy cluster munitions because of their high failure rates and inaccuracy. According to the report, a total of 480 million of the old, unreliable submunitions will still be in the inventory in fiscal year 2011.³⁰² 

The US is known to have exported or transferred cluster munitions to at least 27 other states: Argentina, Australia, Bahrain, Belgium, Canada, Egypt, Denmark, France, Greece, Honduras, Indonesia, Israel, Italy, Japan, Jordan, South Korea, Morocco, Netherlands, Norway, Oman, Pakistan, Saudi Arabia, Spain, Thailand, Turkey, the United Arab Emirates, and the United Kingdom.³⁰³ The following US companies are associated with the current production of cluster munitions and their submunitions: Aerojet, Alliant TechSystems, General Dynamics, L-3 Communications, Lockheed Martin, Northrop Grumman, Raytheon, and Textron Defense Systems.³⁰⁴

Uzbekistan

The Republic of Uzbekistan is party to CCW but has yet to ratify Protocol V. It has not made a public declaration of its cluster munition stockpiles or policy. It inherited a stockpile of cluster munitions from the Soviet Union. Jane’s Information Group reports that KMG-U dispensers are in service with the country’s air force.³⁰⁵ It also possesses Uragan 220mm surface-to-surface rockets, but it is not known if these include versions with submunition payloads.

Yemen

The Republic of Yemen is not party to CCW and has not made a public declaration of its cluster munition stockpiles or policy. Moldova exported 13 220mm Uragan multiple rocket launch systems to Yemen in 1994, but it is not known if these include versions with submunition payloads.³⁰⁶ Jane’s Information Group reports that KMG-U dispensers are in service with the country’s air force.³⁰⁷

Zimbabwe

The Republic of Zimbabwe is not party to CCW and has not made a public declaration of its cluster munition stockpiles or policy. Jane’s Information Group reports that the Alpha bomblet developed for the South African CB-470 cluster bomb was produced by the predecessor of Zimbabwe, Rhodesia, and that “Zimbabwe may have quantities of the Alpha bomblet.”³⁰⁸