Convention on Cluster Munitions

History

The impetus for the treaty, like that of the 1997 Ottawa Treaty to limit landmines, has been concern over the severe damage and risks to civilians from explosive weapons during and long after attacks. A varying proportion of submunitions dispersed by cluster bombs fail to explode on impact and can lie unexploded for years until disturbed. The sometimes brightly-colored munitions are not camouflaged, but have been compared to toys or Easter eggs, attracting children at play. Human rights activists claim that one in four casualties resulting from submunitions that fail to explode on impact are children, who often pick up and play with the explosive canisters well after the conflict has ended. The 2006 Lebanon War provided momentum for the campaign to ban cluster bombs. The United Nations estimated that up to 40% of Israeli cluster bomblets failed to explode on impact. Norway organized the independent Oslo Process after discussions at the traditional disarmament forum in Geneva fell through in November 2006.

The cluster munitions ban process, also known as the Oslo Process, began in February 2007 in Oslo. At this time, 46 nations issued the "Oslo Declaration", committing themselves to:

The Oslo Process held meetings in Lima in May 2007 and Vienna in December 2007. In February 2008, 79 countries adopted the "Wellington Declaration", setting forth the principles to be included in the convention.

Adoption

Delegates from 107 nations agreed to the final draft of the treaty at the end of a ten-day meeting held in May 2008 in Dublin, Ireland. Its text was formally adopted on 30 May 2008 by 107 nations, including 7 of the 14 countries that have used cluster bombs and 17 of the 34 countries that have produced them.

The treaty was opposed by a number of countries that produce or stockpile significant quantities of cluster munitions, including China, Russia, the United States, India, Israel, Pakistan and Brazil. The US has further stated that the development and introduction of "smart" cluster munitions, where each submunition contains its own targeting and guidance system as well as an auto-self-destruct mechanism, means that the problematic munitions are being moved away from, in any case. In 2008, the Pentagon pledged not to use any cluster munitions with a failure rate higher than 1 percent after 2018. However, the US did not impose an outright ban.

In response to US lobbying, and also concerns raised by diplomats from Australia, Canada, Japan, the United Kingdom and others, the treaty includes a provision allowing signatory nations to cooperate militarily with non-signatory nations. This provision is designed to provide legal protections to the military personnel of signatory nations engaged in military operations with the US or other non-signatory nations that might use cluster munitions. British government officials, including foreign secretary David Miliband, approved a policy which allows the US to keep the munitions in British territory.

Prior to the Dublin meeting, the UK was thought to be one of a group of nations in a pivotal role, whereby their cooperation could make or break the treaty. In an unexpected turn of events shortly before the end of the conference, Prime Minister Gordon Brown declared that the UK would withdraw all of its cluster bombs from service. This was done despite intense behind-the-scenes lobbying by the US and objections by British government personnel who saw utility in the weapons.

The CCM was opened for signature at a ceremony at Oslo City Hall on 3–4 December 2008. By the end of the ceremony, 94 states had signed the treaty, including four (Ireland, the Holy See, Sierra Leone and Norway) which had also submitted their instruments of ratification. Signatories included 21 of the 27 member-states of the European Union and 18 of the 26 countries in NATO. Among the signatories were several states affected by cluster munitions, including Laos and Lebanon.

In November 2008, ahead of the signing conference in Oslo, the European Parliament passed a resolution calling on all European Union governments to sign and ratify the convention, as several EU countries had not yet declared their intention to do so. Finland had declared it would not sign, having just signed the Ottawa Treaty and replaced its mine arsenal largely with cluster munitions.

Entry into force

According to article 17 of the treaty, the convention entered into force "on the first day of the sixth month after the month in which the thirtieth instrument of ratification, acceptance, approval or accession has been deposited". Since the thirtieth ratification was deposited during February 2010, the convention entered into force on 1 August 2010; by that point, 38 nations had ratified the treaty.

As the convention entered into force, UN Secretary-General Ban Ki-moon spoke of "not only the world's collective revulsion at these abhorrent weapons, but also the power of collaboration among governments, civil society and the United Nations to change attitudes and policies on a threat faced by all humankind". A spokesman for the International Committee of the Red Cross said "These weapons are a relic of the Cold War. They are a legacy that has to be eliminated because they increasingly won't work." Nobel Peace Prize winner Jody Williams called the convention "the most important disarmament and humanitarian convention in over a decade".

Anti-cluster munitions campaigners praised the rapid progress made in the adoption of the convention, and expressed hope that even non-signatories – such as China, North Korea, Russia, and the US – would be discouraged from using the weapons by the entry into force of the convention. As one of the countries that did not ratify the treaty, the United States said that cluster bombs are a legal form of weapon, and that they had a "clear military utility in combat." It also said that compared to other types of weapons, cluster bombs are less harmful to civilians.

Article 11 required the first meeting of states parties to be held within 12 months of the entry into force. The first such meeting was held in Laos in November 2010. There is a president, currently Swiss ambassador Félix Baumann.

According to Cluster Munition Monitor 2022, the list of 16 countries that refuse to sign the convention and who produce cluster munitions included Brazil, China, Egypt, Greece, India, Iran, Israel, North Korea, Pakistan, Poland, Romania, Russia, Singapore, South Korea, Turkey and the United States.

Withdrawals

On 18 July 2024, the Parliament of Lithuania decided to withdraw from the convention. The Lithuanian government argued that Russia has used cluster munitions extensively during the Russian invasion of Ukraine and would not hesitate to use them in conflict with NATO. The government also pointed out that of the NATO states bordering Russia, only Lithuania and Norway were parties to the convention. Lithuania deposited its instrument of withdrawal from the convention on 6 September 2024, and the withdrawal took effect on 6 March 2025.

Use of cluster munitions

Main article: Cluster munition#History of use

State parties

there were 112 states parties to the convention.

Another 12 states have signed, but not ratified the convention.

One state has withdrawn from the convention:

Notes

: The French title is ":fr:Convention sur les armes à sous-munitions".

References

References

1. "Convention on Cluster Munitions".
2. "Convention on Cluster Munitions (Article 22)".
3. "Convention on Cluster Munitions (Article 23)".
4. "Baltimore Sun – Cluster-bomb ban U.S. opposes passes (actual passage)".
5. "Convention on Cluster Munitions (Article 17)".
6. (1 August 2010). "Convention on Cluster Munitions". United Nations Treaty Collection.
7. "Convention on Cluster Munitions (Article 1)".
8. "Convention on Cluster Munitions (Article 2)".
9. "Fitzgibbon wants to keep SMArt cluster shells". [[Australian Broadcasting Corporation]].
10. Vineeta Foundation. "The 2007 White House Cluster Bomb Hunt".
11. Jeffrey Benner. (28 May 1999). "The case against cluster bombs". Mother Jones.
12. (29 May 2008). "Britain Joins a Draft Treaty on Cluster Munitions". [[The New York Times]].
13. "Haaretz.com".
14. "46 Nations Push for Cluster Bomb Treaty". [[Associated Press]].
15. "Towards a Convention on Cluster Munitions".
16. (22–23 February 2007). "Oslo Conference on Cluster Munitions".
17. "Declaration of the Wellington conference on cluster munitions".
18. "Cluster bomb ban treaty approved". [[BBC News]].
19. (30 May 2008). "More than 100 countries adopt cluster bomb ban". AFP.
20. "Who is banning cluster bombs?". Mines Action Canada.
21. Mull, Stephen. (21 May 2008). "U.S. Cluster Munitions Policy". US Department of State.
22. (19 June 2008). "DoD Policy on Cluster Munitions and Unintended Harm to Civilians". [[United States Department of Defense]].
23. Ackerman, Spencer. (29 July 2010). "U.S. Ducks As Cluster Bomb Ban Takes Effect".
24. "British turnabout key to cluster bomb ban". [[Los Angeles Times]].
25. (1 December 2010). "WikiLeaks cables: Secret deal let Americans sidestep cluster bomb ban". The Guardian.
26. "Observers laud landmark cluster bomb ban". [[Agence France-Presse.
27. "Cluster bombs: MEPs to press for signature of treaty ban". European Parliament.
28. "Finland not to sign cluster munitions treaty". Helsinki Times.
29. "Convention on Cluster Munitions". United Nations Office for Disarmament Affairs.
30. (1 August 2010). "BBC News – Global cluster bomb ban comes into force". [[BBC Online]].
31. Nebehay, Stephanie. (29 July 2010). "US, major powers urged to join cluster munitions pact". [[Reuters]].
32. (1 August 2010). "BBC News – Treaty enacted to ban cluster bombs". [[BBC Online]].
33. (12 January 2011). "Convention on Cluster Munitions: First Meeting of States Parties (2010)".
34. (2017-02-16). "Activities".
35. (August 2022). "Cluster Munition Monitor 2022". Landmine & cluster munition monitor.
36. (18 July 2024). "Lithuania leaves convention banning cluster munitions".
37. (3 July 2024). "Lithuanian gov't recommends withdrawal from convention banning cluster munitions".
38. (6 September 2024). "Lithuania: Notification of withdrawal". [[United Nations]].
39. . (6 March 2025). ["Lithuania quits treaty banning cluster bombs despite outrage"](https://www.france24.com/en/live-news/20250306-lithuania-quits-cluster-bomb-ban-treaty-despite-outrage). *[[France 24]]*.
40. (21 April 2011). "Detailpagina Verdragenbank: Verdrag inzake clustermunitie". [[Ministry of Foreign Affairs (Netherlands).
41. cmconvention. (2020-08-06). "Niue is CCM State Party No. 109!!".
42. "Saint Lucia Joins Convention on Cluster Munitions | Media | CMC".
43. (2024-07-18). "Lithuania leaves convention banning cluster munitions".