Apr. 28, 2008

Is There A Strategy for Responsible U.S. Engagement on Cluster Munitions? Remarks at the Connect US Fund Roundtable Dialogue

On April 28, 2008, Richard Kidd, Director of the State Department’s Office of Weapons Removal and Abatement, delivered remarks at the “Connect US Fund Roundtable on an International Treaty to Ban Cluster Munitions” held at the Aspen Institute. Kidd’s remarks summarized U.S. engagement on the proposed treaty involving the production, use, and stockpiling of cluster munitions, known as the Oslo Process. Kidd outlined four areas of U.S. responsibility that had to be managed when addressing cluster munitions: humanitarian, military, alliance, and process.

According to Kidd, the United States has a tremendous responsibility to protect civilians around the world. In terms of its humanitarian responsibility, the United States’ current policy regarding cluster munitions is that all newly produced weapons will have a 99 percent or higher functioning test rate. Additionally, unexploded cluster munitions make up only a small fraction of causalities from explosive remnants of war (ERW); thus States have the responsibility to address all ERW and not just single out one particular type of weapon.

With regard to the United States’ military responsibility, Kidd stated that cluster munitions are the most effective conventional weapons for attacking area targets – those spread over a wide area – and called cluster munitions, “integral to every Army or Marine maneuver.” Kidd maintained that if cluster munitions were eliminated from U.S. arsenals, they would need to be replaced with and effective, viable alternative which, according to Kidd, does not currently exist.

Kidd also remarked on process responsibilities, stating that the Convention on Certain Conventional Weapons is more inclusive and pragmatic then the Oslo Process. The United States believes the CCW is a more appropriate mechanism to address cluster munitions.

Kidd also said that the proposed treaty threatens U.S. alliances. Kidd claimed that signatories of the treaty in its current version would be prohibited from participating in a number of joint military operations. He stated that the implementation of the current draft treaty would hinder security alliances, such as NATO, and could potentially effect humanitarian aid operations.

Feb. 15, 2008

Arms Control and International Security: Putting the Impact of Cluster Munitions In Context with the Effects of All Explosive Remnants of War

The U.S. Department of State issued a White Paper titled, “Arms Control and International Security: Putting the Impact of Cluster Munitions In Context with the Effects of All Explosive Remnants of War [ERW]” that outlines U.S. policy on ERW and cluster munitions. The paper reiterates the strong U.S. support for the initiation of negotiations of a new Protocol within the framework of the Convention on Certain Conventional Weapons (CCW) that addresses the humanitarian impacts of cluster bombs. The paper challenges the idea that cluster munitions pose a major category of post-conflict hazard, outlines U.S. contributions to ERW clearance and survivor assistance, and calls on countries to support Protocol V of the CCW, which focuses on ERW clearance.

According to the State Department’s analysis, 289 post-conflict causalities were caused by unexploded cluster munitions around the world in 2007 and a total of 5,759 causalities were blamed on all ERW. The paper suggests that the civilian damage done by cluster munitions is small compared to the overall damage done by all ERW.

Jan. 16, 2008

U.S. Statement on Humanitarian Aspects of Cluster Munitions

On Jan. 16, 2008, Katherine Baker, a member of the U.S. Delegation to the Convention on Certain Conventional Weapons (CCW) – Group of Governmental Experts (GGE), delivered the U.S. Statement on Humanitarian Aspects of Cluster Munitions. The statement outlined the U.S. commitment to the “humanitarian and security problems created by landmines, explosive remnants of war (ERW), and aging and obsolete stockpiles of weapons throughout the world.”

In its statement, the United States reiterated that it does not support efforts to create a mechanism to address issues solely focused on cluster munitions, and instead believes that assistance should be based on the civilian impact of ERW and programs that will generate the greatest humanitarian returns. To this end, the United States announced that it will develop a Quick Reaction Force (QRF) that will be trained to deal with all types of ERW, small arms and light weapons, MANPADS and other conventional weapons found in post-war settings.

Dec. 26, 2007

Consolidated Appropriations Act, 2008, Sec. 646 (b)

During the current fiscal year, no military assistance shall be furnished for cluster munitions, no defense export license for cluster munitions may be issued, and no cluster munitions or cluster munitions technology shall be sold or transferred, unless--

(1) the submunitions of the cluster munitions have a 99 percent or higher tested rate; and

(2) the agreement applicable to the assistance, transfer, or sale of the cluster munitions or cluster munitions technology specifies that the cluster munitions will only be used against clearly defined military targets and will not be used where civilians are known to be present.

The Consolidated Appropriations Act become Public Law 110-161 on Dec. 26, 2007.

Nov. 13, 2007

Closing Statement of the United States to the Meeting of States Parties to the Convention on Certain Conventional Weapons

Ronald Bettauer, U.S. Head of Delegation, delivered the closing statement of the United States to the Meeting of State Parties to the Convention on Certain Conventional Weapons (CCW). The statement noted the United States’ belief that the humanitarian impact of cluster munitions is an important issue and the U.S. interest in mitigating the affects of weapon on civilian populations.

Nov. 7, 2007

Opening Statement of the United States to the Meeting of States Parties to the Convention on Certain Conventional Weapons

Ronald Bettauer, U.S. Head of Delegation, delivered the U.S. opening statement to the Meeting of State Parties to the Convention on Certain Conventional Weapons (CCW). In the statement, the United States said it had changed its “view on how to address the main humanitarian concerns raised by the use of cluster munitions,” and called for the meeting to agree to a negotiating mandate on cluster munitions. The United States said that the CCW is the best framework to balance the humanitarian concerns with the military utility of cluster munitions. The United States called cluster munitions legitimate weapons, stating that in some instance they may cause less collateral damage than would unitary weapons. 

Additionally, the United States reminded the parties that the purpose of the meeting was to agree on a negotiating mandate and urged them to resist the temptation to discuss substantive issues.

Sept. 6, 2007

H.R. 2764: State, Foreign Operations and Related Programs Appropriations Act of 2008

The Senate passed H.R. 2764, the State, Foreign Operations and Related Programs Appropriations Act of 2008. The act includes a section restricting the sale and transfer of cluster munitions, which reads:

SEC. 695. During the current fiscal year, no military assistance shall be furnished for cluster munitions, no defense export license for cluster munitions may be issued, and no cluster munitions or cluster munitions technology shall be sold or transferred, unless--

(1) the submunitions of the cluster munitions have a 99 percent or higher tested rate; and

(2) the agreement applicable to the assistance, transfer, or sale of the cluster munitions or cluster munitions technology specifies that the cluster munitions will only be used against clearly defined military targets and will not be used where civilians are known to be present.

Sept. 6, 2007

Statement of Administration Policy, H.R. 2764: State, Foreign Operations and Related Programs Appropriations Act of 2008

The White House issued a statement in response to H.R. 2764: State, Foreign Operations and Related Programs Appropriations Act of 2008. The president objected to Congressional restrictions on providing military assistance for cluster munitions, saying that cluster munitions are already subject to safeguards.

June 22, 2007

U.S. Statement on the Outcome of the Group of Governmental Experts of the States Parties to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons

Head of the U.S. Delegation Ronald Bettauer, in his statement on the outcome of the Group of Governmental Experts (GGE) of the States Parties to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons (CCW), said the United States was “gratified” by the consensus reached by the GGE that urgent action should be undertaken to address the humanitarian impacts of cluster munitions. The U.S. statement calls for an international effort, within the framework of the CCW, to mitigate the harm to civilians caused by these weapons, and said the United States would support the negotiations on cluster munitions within the framework of the CCW. 

Jun 20, 2007

U.S. Statement on Intervention on Humanitarian Impacts of Cluster Munitions to the Group of Governmental Experts of the States Parties to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons

The U.S. statement on intervention on humanitarian impacts of cluster munitions to the Group of Governmental Experts (GGE) of the States Parties to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons (CCW), delivered by the Director of the Office of Weapons Removal and Abatement Richard Kidd IV, outlined the humanitarian threat posed by cluster munitions and emphasized the limited civilian impact of these weapons. The statement said that in those countries with threats caused by explosive remnants of war (ERW), cluster munitions are often only responsible for a small percentage of total ERW casualties.

The statement also described U.S. clearance efforts of ERW and cluster munitions. Kidd said the United States operates more clearance activities than any other state or international institution, and the impacts of cluster munitions are “episodic and limited in scope, scale and duration – as compared to other ERW.” Noting that civilian causalities caused by clusters most often occur immediately following conflict, the United States argues that understanding and addressing this casualty “spike” is essential in crafting a humanitarian response to cluster munitions.

March 29, 2007

H.R. 1755: A bill to limit the use, sale and transfer of cluster munitions or The Cluster Munitions Civilian Protection Act of 2007

On March 4, 2007, Reps. Jim McGovern, D-S.D., Betty McCollum, D-Minn., and Darrell Issa, R-Calif., introduced H.R. 1755, known as the Cluster Munitions Civilian Protection Act of 2007.  The bill restricts the appropriation of funds expended to use, sale, or transfer of cluster munitions unless:

• The submunitions have a 99 percent or higher functioning rate;
• The policy of use, or agreement of sale specifies that the cluster munitions will be used against a clearly defined military target and not in areas inhabited by civilians; and
• The president submits a plan, including estimated costs for clearance of duds in the case of U.S. use or by a user government of U.S. cluster munitions.

The amendment gives the president the ability to waive the requirements if he/she deems the sale, use or transfer vital to American security. In the case of a waiver, the president must submit to Congress a report detailing steps take to protect civilians and the failure rates of the submunitions in question.

The text of H.R. 1755 is identical to S. 594 omitting Sec 2, “Findings” of H.R. 1755

H.R. 1755 was referred to the House Committee on Foreign Affairs and the House Committee on Armed Services on March 29, 2007. From the House Committee on Armed Services it was referred to the Subcommittee on Readiness.

Feb. 23, 2007

United States Clearance of Unexploded Cluster Munitions Fact Sheet

The U.S. Department of State released a fact sheet illustrating explosive remnants of war (ERW) clearance efforts by the United States, which shows that programs funded by the United States have helped to clear ERW in 52 countries. The summary suggests that the clearance of cluster munitions is a part of wider the global initiative to clear ERW and landmines.

Highlights of U.S. clearance efforts include: clearance programs in the former Yugoslavia, over $150 million in support of clearance efforts in Afghanistan, $111 million to support clearance efforts in Iraq, and the deployment of a Quick Reaction Demining Force. In most cases the United States provides strike data – specific information on the locations of cluster bomb use – to assist clearance efforts.

Feb. 14, 2007

S. 594: A bill to limit the use, sale and transfer of cluster munitions or The Cluster Munitions Civilian Protection Act of 2007

On Feb. 14, 2007, Sens. Dianne Feinstein D-Calif., Patrick Leahy, D-Vt., Bernie Sanders, I-Vt., and Barbara Mikulski, D-Md., introduced S. 594, also known as the Cluster Munitions Civilian Protection Act of 2007. This act restricts the appropriation of funds expended to use, sale, or transfer of cluster munitions unless:

1. The submunitions have a 99 percent or higher functioning rate;
2. The policy of use, or agreement of sale specifies that the cluster munitions will be used against a clearly defined military target and not in areas inhabited by civilians; and
3. The President submits a plan, including estimated costs for clearance of duds in the case of U.S. use or by a user government of U.S. cluster munitions.

The amendment gives the president the ability to waive the requirements if he/she deems the sale, use or transfer vital to American security. In the case of a waiver, the president must submit to Congress a report detailing steps take to protect civilians and the failure rates of the submunitions in question.

The text of S. 594 is identical to H.R. 1755, but does not include the findings in H.R. 1755’s Sec. 2.

Feb. 14, 2007

Statement of Sen. Patrick Leahy, D-Vt., on S. 594 A bill to limit the use, sale, and transfer of cluster munitions or The Cluster Munitions Civilian Protection Act of 2007

Sen. Patrick Leahy, D-Vt., called cluster munitions indiscriminate and disproportionately hazardous to civilian, citing Laos and Lebanon as examples of their widespread and negative effects.

Describing the content of S. 594, Leahy clarified that the bill does not prohibit the use or export of cluster munitions, but instead sets a standard of reliability and requires that cluster munitions are used solely against military targets and not where civilians are present. It also gives the president the ability to waive this requirement if he/she deems cluster munitions use is vital to the security of the United States.

Leahy concluded by adding that it is not in the interest of the United States to use or sell weapons that create “such appalling casualties of people who are not the enemy,” and called on the United States to take an active and productive role in the Oslo process.

Nov. 17, 2006

U.S. Statement to the Closing Plenary Sessions of the Third Review Conference of the Convention on Prohibitions or Restrictions on the Use of Certain Conventional

The closing statement of the United States to the Third Review Conference of the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons (CCW), delivered by the U.S. Head of Delegation Ronald Bettauer, stated that the United States is pleased at the entry into force of Protocol V of the CCW, and that the protocol has been submitted to Congress for advice and ratification. The statement also reiterated the U.S. willingness to work meaningfully in the next year on explosive remnants of war (ERW) with a focus on cluster munitions.

The United States expressed disappointed at the announcement of a process outside the framework of the CCW – known as the Oslo process – to address the issue of cluster munitions and believes that efforts to reach agreement outside the framework of the CCW would weaken the agreement on cluster munitions within the CCW and international humanitarian law.

Nov. 7, 2006

U.S. Opening Statement to the Third Review Conference of the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons

The opening statement of the United States to the Third Review Conference of the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons (CCW), delivered by Head of Delegation Ronald Bettauer, discussed efforts to prohibit or restrict cluster munitions, emphasizing that restricting weapons not shown to merit restriction could lead to the use of alternative weapons that result in more suffering and less discrimination. The United States has worked to balance humanitarian and military interests and has actively participated in all meetings on the subject.

The rigorous application of Protocol V of the CCW is seen, by the United States, as the best way to achieve humanitarian goals.

Sep. 6, 2006

S. Amdt. 4882 to the FY 2007 Defense Appropriations Bill

On Sept. 6, 2006, Sens. Dianne Feinstein, D-Calif., and Patrick Leahy, D-Vt., introduced S. Amdt. 4882 to the fiscal year 2007 (FY 07) Defense Appropriations Bill (H.R. 5631). The amendment reads: “No funds appropriated or otherwise made available by this Act my be obligated or expended to acquire, utilize, sell, or transfer any cluster munitions unless the rules of engagement applicable to the cluster munitions ensure that the cluster munitions will not be used in or near any concentrated population of civilians, whether permanent or temporary, including inhabited parts of cities or villages, camps or columns of refugees or evacuees, or camps or groups of nomads.”

The amendment failed the Senate by a vote of 30-70.

Sep. 6, 2006

Statement of Sen. Patrick Leahy, D-Vt., on S. Amdt. 4882, the Feinstein-Leahy Cluster Munitions Amendment to the FY 2007 Defense Appropriations Bill

In a statement on the Feinstein-Leahy Cluster Munitions Amendment to the FY 2007 Defense Appropriations Bill, Sen. Patrick Leahy, D-Vt., argued that the Department of Defense has not taken effective steps to solve the problems posed to civilians by cluster munitions. In his comments, Leahy acknowledged the military utility of cluster munitions but labels them indiscriminate, and called for standards on cluster munitions that resemble those used for incendiary weapons. In his statement Leahy stated, “[I]t is contrary to our own interest to be using or selling the weapons which, without strict controls on the use, cause such appalling casualties of innocent people who are not the enemy.”

June 20, 2006

Presidential Message to the Congress

President George W. Bush encouraged the U.S. Congress to give favorable consideration to Protocol V of the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons (CCW), which regulates clearance of explosive remnants of war, and asked for Senate advice and consent for its ratification.

September 2005

Final Report of the Defense Sciences Board Task Force on Munitions Systems Reliability

The Defense Sciences Board on Munitions Systems Reliability examines issues of munitions systems reliability in an attempt to reduce the amounts of unexploded ordnance (UXO) resulting from failed munitions. The key focus of the study was area attack munitions, which includes cluster munitions.

The report concluded that more precise munitions will help reduce collateral damage while improving lethality, but acknowledges that greater precision systems will not replace older systems in the near future. There is no method in place to systematically determine the reliability rates of submunitions during combat. Additionally, the study found that the largest contributor to the UXO problem is legacy weapons – weapons that reached Milestone III or Full Rate Production by fiscal year 2005, and acknowledged that the Department of Defense (DOD) retains an enormous stockpile of these weapons, which must be used as is, retrofitted or demilitarized. Regarding these legacy weapons the question becomes one of cost-benefit analysis of retrofitting at the expense of developing more reliable weaponry.

Furthermore, the report states the DOD has a “lack of focus” and no comprehensive approach to the issue of legacy weapons.

The study’s main recommendations include:

1. Expanding testing of munitions;
2. Developing information sharing tools for munitions systems reliability;
3. Conducting research on inexpensive “ultra-reliable” fuses;
4. Supporting new joint family area attack munitions and upgrade of legacy weapons; and,
5. Creating a single office in charge of executing the DOD program regarding sub munitions reliability.

October 2004

Report to Congress from the Office of the Under Secretary of Defense (Acquisitions, Technology, and Logistics), Department of Defense

The Department of Defense provided a report to Congress in response to section 8134 of the fiscal year 2005 (FY 05) Department of Defense (DOD) Appropriations Act, which directs the DOD to provide a report addressing steps towards improving dud rates of cluster munitions, including current types and quantities of cluster munitions currently in DOD stock.

Aug. 5, 2004

Section 8134 of the FY 05 Defense Appropriations Act

Section 8134 of the FY 05 Defense Appropriations Act mandates that the secretary of defense provide Congress a report addressing steps taken by the Department of Defense (DOD) to improve dud rates for cluster munitions. The report must include a list of types of munitions that do not meet a one percent dud rate, DOD efforts to ensure the production of cluster munitions with a less than one percent dud rate, and a schedule of DOD inventory of cluster munitions, until the entire inventory or cluster munitions meet the one percent dud rate standards.

July 8, 2004

U.S. Statement on Implementation of Existing International Humanitarian Law to the Eighth Session of the Group of Governmental Experts of the States Parties to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons (CCW GGE)

The U.S. statement on the implementation of existing international humanitarian law to the Eighth Session of the Group of Governmental Experts of the States Parties to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons (CCW GGE), delivered by Col. William Renn Gade, stressed that in the Law of Armed Combat, parties to an armed combat do not have the unlimited right choose the means of warfare, and noted that a foundation for these decisions should be made on the principles of distinction, proportionality and prevention of unnecessary suffering.

Nov. 18, 2003

U.S. Statement on Article 3 of the Draft Instrument on ERW to the Sixth Session of the Group of Governmental Experts of the States Parties to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons

The U.S. statement on Article 3 of the Draft Instrument at the Sixth Session of the Group of Governmental Experts (GGE) of the States Parties to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons (CCW), delivered by Steven Solomon, differentiated between those  parties with obligations for clearance of explosive remnants of war (ERW) into two distinct groups: “territorial” parties, those in control of the affected territory, and “user” parties, those responsible for the presence of ERW in affected territory. 

In response to Article 3, which calls for mandatory cooperation between “user” and “territorial” parties, the statement stressed that the United States seeks flexible regulations regarding cooperation and clearance, arguing that post-conflict realities raise sensitive military, domestic and diplomatic decisions that can only be made by taking into account the circumstances at the time. The U.S. statement proposed language regarding the standard of action for “user” parties, which reads, “after cessation of active hostilities and where feasible,” “user” parties should become involved in ERW clearance.

June 16, 2003

U.S. Opening Statement to the Fifth Session of the Group of Governmental Experts of the States Parties to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons

The U.S. opening statement to the Fifth Session of the Group of Governmental Experts (GGE) of the States Parties to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons (CCW), delivered by U.S. Head of Delegation Edward Cummings, noted that it is important to keep in mind the full scope of humanitarian problems associated with explosive remnants of war (ERW) and stated that the benchmark of success should be whether or not the work of the GGE meaningfully addresses the human toll posed by ERW.

March 10, 2003

U.S. Statement on explosive remnants of war to the Fourth Session of the Group of Governmental Experts of the States Parties to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons

The U.S. statement on explosive remnants of war (ERW) to the Fourth Session of the Group of Governmental Experts of the States Parties to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons (CCW GGE), delivered by W. Hays Parks, the associate deputy general counsel from DOD’s International Affairs Office, addressed the obligations of parties to contain, clear, remove and destroy ERW presented in the ERW Framework paper. The United States argued that mandating user states be responsible or partially responsible for clearance of ERW in other sovereign territory ignores the international law of sovereignty. The United States cited the cases of post-World War II Poland and Western Europe of examples of the state practice of enforcing the international legal principle of sovereignty.

March 10, 2003

U.S. Opening Statement to the Fourth Session of the Group of Governmental Experts of the States Parties to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons

The U.S. opening statement to the Fourth Session of the Group of Governmental Experts (GGE) of the States Parties to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons (CCW), delivered by Deputy Legal Advisor Edward Cummings, called for the accomplishment of something practical and effective on explosive remnants of war (ERW), not the establishment of a protocol for a protocol’s sake. The United States believed the ERW Framework paper presented for discussion is “too unwieldy.”

Dec. 2, 2002

U.S. Statement to the Third Session Group of Governmental Experts of the States Parties to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons

The U.S. statement to the Third Session of the Group of Governmental Experts (GGE) of the States Parties to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons (CCW), delivered by the U.S. Head of Delegation Edward Cummings, discussed the connection between negotiations on anti-vehicle mines (AVM) and explosive remnants of war (ERW). The U.S. statement indicated the desire to negotiate on AVM, calling it a matter of “first things first,” and stressed that “if we can’t agree to do simple, inexpensive things like render AVM detectable, how can it be expected that we will be able to agree on substantially more complex things in ERW?”

September 2002

General Accounting Office Report: Information on the United States Use of Land Mines in the Persian Gulf War

The United States General Accounting Office (GAO) – now the Government Accountability Office – released a report examining the use and effect of landmines and cluster munitions in the Persian Gulf War. The report concludes that dud rates for U.S. cluster munitions were much higher than expected, leaving large numbers of unexploded ordnance and explosive remnants of war (ERW) on battlefields and in U.S. troop paths, causing significant harm to U.S. Army personnel and impeding the movement of U.S. troops.

July 24, 2002

Statement by the United States Addressing the Value of Information Sharing in Meeting the Humanitarian Challenges Posed by Explosive Remnants of War to the First Session of the Group of Governmental Experts of the States Parties to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons

A statement delivered by the U.S. delegation addressing the value of information sharing to the first session of the Group of Governmental Experts (GGE) of the States Parties to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons (CCW), recognized that accurate, timely and comprehensive information regarding explosive remnants of war (ERW) is essential for efficiency and effectiveness in ERW clearance. The United States highlighted positive examples of information sharing, such as the international mine action community, the Landmine Impact Survey, U.S. provision of information regarding location of submunitions, and calls for timely, comprehensive, uniform information delivered to parties best in position to actively use it.

July 17, 2002

U.S. Statement on Legal Issues Regarding Explosive Remnants of War  to the Group of Governmental Experts of the States Parties to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons

The U.S. statement to the Group of Governmental Experts (GGE) of the States Parties to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons (CCW), delivered by Steven Solomon, responded to a paper by Professor Christopher Greenwood entitled “Legal Issues Surrounding Explosive Remnants of War.” Professor Greenwood’s paper explored the principle of proportionality with respect to weapons systems. The United States argued that proportionality tests require the examination of the entire potential use situation, including costs and benefits of alternative means of attack, and concluded that unitary bombs in some instances may cause more civilian harm than cluster bomb units.

The statement also stressed that the United States strongly supports Articles 3 and 10 of the Amended Mines Protocol to the CCW, which specify that the clearance of mines is the responsibility of the state in which the mines exist, but does not preclude bilateral cooperative agreements and other arrangements for mine clearance. Based on principles of sovereignty, the United States also said it supported these principles with respect for explosive remnants of war (ERW).

May 21, 2002

Information Sharing as a Tool to Protect Civilians from the Effects of Unexploded Ordinances and Explosive Remnants of War

The delegation of the United States prepared an information paper for discussion at the Group of Governmental Experts of the States Parties to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons (CCW GGE). The paper presented information that may be useful in the clearance of unexploded ordnances. It is not a policy paper, and as such, and does not represent the official views of the United States.

Sept. 24, 2001

U.S. Opening Statement to the Third Preparatory Conference of the 2001 Convention on the Prohibitions of Restrictions on the Use of Certain Conventional Weapons Review Conference

The opening statement of the United States at the Third Preparatory Conference of the 2001 Convention on the Prohibitions of Restrictions on the Use of Certain Conventional Weapons (CCW) Review Conference, delivered by the Acting Head of Delegation Steven Solomon, lies out the four goals of the United States for the review conference:

1. Amending the Convention to extend to internal armed conflicts;
2. Adopting a new protocol on mines other than anti-personnel landmines;
3. Adopting a compliance annex to deal with the misuse of mines; and
4. Adopting a mandate that commits the CCW to studying explosive remnants of war (ERW).

April 5, 2001

U.S. Statement to the Second Preparatory Conference of the 2001 for the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons

Edward Cummings, head of the U.S. delegation to the Second Preparatory Conference of the 2001 Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Review Conference, began his remarks to the conference by acknowledging the financial and humanitarian cost to states affected by unexploded ordnance (UXO).

In response to a proposal submitted by the International Commission of the Red Cross concerning explosive remnants of war (ERW), the United States delegation stated that cluster munitions have military utility, and effective use of cluster munitions has the potential to shorten conflict, thereby potentially reducing the need to deploy ground troops in a conflict zone. However, the United States also acknowledged that the improved reliability of cluster munitions could reduce harm to civilian populations and friendly troops.

In addition, the United States disagreed with the proposal on the grounds that it shifts responsibility for clearance to the delivering state and included regulation on the use of cluster bombs near areas populated by civilians. The United States called for states to take steps on a voluntary basis to address the problem of unexploded ordinances in the short term.

The United States was prepared to consider steps to educate affected populations and provide technical information to the United Nations and clearance organizations.

Jan. 10, 2001

Memorandum for the Secretaries of the Military Departments
Subject: Department of Defense Policy on Submunition Reliability

A memorandum to the Secretaries of the Military Departments presented by Secretary of Defense Bill Cohen established the Department of Defense’s (DOD) policy regarding submunitions weapon acquisition.  Recognizing the concerns in Southwest Asia and Kosovo, DOD was tasked to reduce the concerns surrounding unexploded ordinances (UXO) by decreasing the failure rate of submunitions to less than one percent. According to the policy, program managers must include the cost of clearing UXO on test sites and disposal costs as part of life-cycle costs. All submunitions reaching a Milestone III, or Full Rate Production prior to fiscal year 2005, will receive the designation “legacy” and can remain in stocks until employed or superseded by replacement systems.   

Dec. 14, 2000

U.S. Statement to the First Preparatory Conference of the 2001 Convention on the Prohibitions of Restrictions on the Use of Certain Conventional Weapons Review Conference

The U.S. Statement to the First Preparatory Conference of the Convention on the Prohibitions of Restrictions on the Use of Certain Conventional Weapons (CCW) Review Conference, delivered by the U.S. Head of Delegation Edward Cummings, examined the question of explosive remnants of war (ERW).

In his statement, Cummings said that the United States believes the CCW is the appropriate forum to address ERWs, however, the convention should not begin premature negotiations on new legal obligations until additional information on the nature and sources of the problem can be gathered. Additionally, the United States advised the conference not to confuse the means and methods of conflict with post-conflict issues.