Supplying Ukraine with Cluster Munitions could be a Grave Mistake

As per Patrick Leahy, a former U.S. senator from Vermont, and Jeff Merkley, a U.S. senator from Oregon, the decision to provide cluster munitions to Ukraine in its fight against Russia’s aggression is a serious mistake that comes at an unacceptable moral and political price.

They said, that despite support for Ukraine’s defense against Russian incursions, the use of cluster munitions would compound the devastating impact on civilians and Ukrainian troops, with long-lasting effects. As proponents of the laws of war and the importance of minimizing civilian casualties, we have long worked to end the use of these indiscriminate weapons.

Cluster munitions are designed to disperse numerous submunitions, known as “bomblets,” over wide areas, causing widespread death and destruction.

Moreover, they often fail to explode as intended, posing a lasting threat to civilians. Russia’s use of cluster munitions in Ukraine resulted in the death and injury of hundreds of civilians between February and July 2022. Tragically, the effects of cluster munitions can persist for weeks, months, or even years after a conflict ends. Firsthand witness of the devastating and enduring impact of these weapons on civilians was seen in Vietnam, where unexploded U.S. cluster munitions deployed over half a century ago continue to maim and kill.

While the United States is not a party to the Convention on Cluster Munitions, 123 countries, including 23 out of 31 NATO members, have signed the agreement, which prohibits the use and transfer of these weapons. The U.S. military has only used cluster munitions once since 2003, in Yemen in 2009. Congress, through legislation, has established strict criteria for the transfer of cluster munitions, prohibiting those with a failure rate greater than 1 percent to minimize the risk to civilians. Any provision of cluster munitions to Ukraine would violate this law.

The United States has been a leading contributor to mine clearance efforts, providing significant funding for landmine and unexploded ordnance removal. Sending cluster munitions to Ukraine would not only contradict decades of U.S. policy and practice but also undermine the very objective of our financial support for ordnance clearance. It would place civilians at greater risk and risk rupturing relationships with key allies who are parties to the Convention on Cluster Munitions.

Furthermore, providing Ukraine with cluster munitions would undermine the moral advantage Ukraine and its supporters have maintained throughout the conflict. While Russia has resorted to barbaric tactics such as using cluster munitions, the US actions would provide fodder for Putin’s propagandists to discredit Ukraine and its allies among nonaligned countries.

Further, they added, that commitment to Ukraine remains unwavering, and the US must continue providing military, economic, and humanitarian aid to support its resilience. However, it is crucial to do so in a manner that upholds the values and principles of the United States, without compromising civilian safety or risking the unity of US alliances. The use of cluster munitions contradicts these principles and would be a grave mistake.