New Treaty Should Prompt New
Administration
To Review U.S. Policy On Cluster
Munitions
by
U.S. Senators
Patrick Leahy and Dianne Feinstein
December 3, 2008
“If you had them on your land, if your children
faced them, you’d ban them for sure.”
Those are the words of an Afghan boy who lost both legs after picking up
an errant U.S. cluster munition in a public park.
It is estimated that nearly 100,000
civilians have been maimed or killed by cluster bombs, which scatter
hundreds of deadly munitions over a wide area. During the past 50
years, vast areas of arable land have been turned into death traps by
unexploded duds that remain lethal long after conflict has ended.
The human toll has been terrible:
-
In Laos,
approximately 11,000 people, 30 percent of them children, have been
killed or injured by U.S. cluster munitions since the Vietnam War
ended.
-
In
Afghanistan, between October 2001 and November, 2002, 127 civilians
lost their lives due to cluster munitions, 70 percent of them under
the age of 18.
-
An estimated
1220 Kuwaitis and 400 Iraqi civilians have been killed by cluster
munitions since 1991.
On December 3rd, governments began the
process of formally signing the Convention on Cluster Munitions, which
bans these indiscriminate weapons.
While largely unfamiliar to most
Americans, this international treaty, which was finalized in May 2008,
has the support of a majority of the world’s governments – including
many that have used these weapons in combat and those whose civilians
have been victimized by their use.
Unfortunately, the United States is
not among them.
The current Administration opposes
signing the international treaty, and has stated that it views cluster
munitions as “legitimate weapons with clear military utility in combat.”
It is time for a new policy. The
Obama Administration should review President Bush’s refusal to join this
treaty, as well as the treaty to ban anti-personnel landmines.
A decision to put our nation on a path
to sign these treaties
would send the welcome signal that the U.S. is ready to act boldly to
protect non-combatants, resume its diplomatic leadership in the world,
and restore its frayed alliances.
There is no doubt that cluster
munitions have some military utility. The same was said of
landmines and even poison gas. But military experts and civilian
leaders from around the world have determined that the harm to civilians
outweighs their military utility today.
Reducing
civilian casualties is not only a moral imperative; it has become a
tactical and strategic one as well. These weapons turn civilians
against us, and threaten the safety of our troops and the success of our
mission.
-
In the
2006 war in Lebanon, Israeli cluster munitions, many of them
manufactured in the U.S., injured and killed 200 civilians.
-
During
the 2003 invasion of Baghdad, the last time the U.S. used cluster
munitions, these weapons killed more civilians than any other type
of U.S. weapon. The U.S. 3rd Infantry Division described
cluster munitions as “battlefield losers” in Iraq, because they were
often forced to advance through areas contaminated with unexploded
duds.
-
During
the 1991 Gulf War, U.S. cluster munitions caused more U.S. troop
casualties than any single Iraqi weapon system, killing 22 U.S.
servicemen.
Efforts to restrict their use had been
underway since 2001 in the Geneva-based Convention on Certain
Conventional Weapons (CCW).
Today, the Pentagon argues that the
CCW is still the best forum for negotiating limits on the use of these
weapons because other key powers like Russia and China are not likely to
sign the treaty.
But it was the CCW’s failure to act,
including after the debacle in Lebanon, which led the Norwegian
Government to launch a diplomatic effort to “ban cluster munitions which
cause unacceptable harm to civilians.” We commend Norway for its
leadership.
We agree with the Pentagon that this
treaty should be universal to fully achieve its goals. But no
treaty has become so overnight, and it takes leadership.
Some progress has been made:
NATO forces in Afghanistan adopted a policy prohibiting their use, and
the Pentagon prohibits the use of our most common cluster munitions in
Iraq.
The Pentagon also recently announced
some steps to respond to the global concern about cluster munitions,
including that after 2018 it will only use such munitions with a failure
rate of one percent or less.
This is a step in the right direction.
However, it presages the use of inaccurate and unreliable weapons, and
more unnecessary deaths, for another decade, and it will undermine the
treaty.
In 2007, we introduced the Cluster
Munitions Civilian Protection Act, to prohibit the use of cluster
munitions with a failure rate of one percent or less, and the use of any
cluster munitions in areas populated by civilians. We plan to
reintroduce similar legislation next year.
As long as the U.S. refuses to join
the treaty, other nations have an excuse to do likewise. As the
world’s strongest military power, the United States should be helping
lead the way to end the needless misery caused by cluster munitions.
The lives of innocent civilians hang in the balance, and there’s no time
to waste.
# # # # #
[Sen. Patrick Leahy (D-Vt.) and Sen. Dianne
Feinstein (D-Calif.) are the authors of legislation to set standards on
the export and use of cluster munitions; Leahy included provisions drawn
from their bill in a State Department budget bill enacted last
year. Leahy also has long been the leading U.S. official pressing
for an end to the worldwide use of anti-personnel landmines.]