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A New Protocol

Given the serious civilian harm caused by cluster munitions and the need to strengthen IHL to address their unique characteristics, the States Parties to the CCW should approve a mandate to negotiate a new protocol addressing these weapons.  Human Rights Watch favors a CCW protocol that regulates, but does not completely prohibit, all cluster munitions.  It thus acknowledges that certain models of cluster munitions used in certain circumstances may be legitimate yet takes a strong stand against the humanitarian damage caused by these weapons.  By clarifying and extending the scope of rules to minimize harm from strikes and duds, such a protocol would address the specific character of this type of munition.  It could prohibit, for example, strikes with non-precision guided submunitions in populated areas as well as attacks in environments that increase the number of duds.  It could set guidelines or standards for accuracy and dud rates.  It could also supplement post-conflict remedial measures by refining Protocol V’s requirements for cluster munitions in particular.  By agreeing to a new protocol in the near future, the CCW’s parties could strengthen IHL and improve compliance.