Cluster Bombs for Ukraine

War crime Joe is at it again

Half of my son’s body was in the hole in the floor and his legs were sticking out. His right arm had been ripped off and was in pieces. He was whimpering and his eyes were cloudy. I begged my neighbor to take him to the hospital, but he was too scared to, so I had to beg the Russian soldiers to take him. That cost us an hour-and-half. During that time [Volodymyr] lost so much blood that he died. - Ukrainian citizen of Izium, “Anatolii,” on the death of his 44 year old son to Ukrainian government cluster munitions on May 17, 2022. Source

Demonstrators at the May 2008 Dublin Diplomatic Conference on Cluster Munitions that produced the Convention on Cluster Munitions.

On July 7, Secretary of State and former lobbyist for the military industrial complex Antony Blinken announced the 42nd drawdown for security assistance for Ukraine. In this statement, he said “This assistance package includes dual-purpose improved conventional munitions, or DPICMs, a highly effective and reliable artillery capability to engage area targets that the United States has not previously provided to Ukraine.” These DPICMs are cluster munitions, though he chose not to mention this fact.

Cluster munitions are a type of explosive ordnance “that is designed to release multiple explosive submunitions (in some cases called ‘bomblets’) over a large area.” These are incredibly dangerous and harmful in that they are not precision munitions and indiscriminately spread explosives across large areas. Many of the submunitions do not detonate, leaving them as a hazard to anyone who might find them in the future. Because these duds are so damaging to civilians for years and decades after their use, over 100 countries have signed the 2008 Convention on Cluster Munitions, banning their use and destroying their stockpiles. The US, Ukraine, and Russia all have not signed.

Over 100 states have signed onto the Convention on Cluster munitions.

After the announcement from the Biden administration, Paul Hannon, International Campaign to Ban Landmines and Cluster Munition Coalition Governance Board Vice Chair released the following statement:

The Biden administration’s decision to transfer cluster munitions will contribute to the terrible casualties being suffered by Ukrainian civilians both immediately and for years to come. Russia and Ukraine’s use of cluster munitions is adding to Ukraine’s already massive contamination from explosive remnants and landmines.

The Department of Defense has claimed, “The specific rounds that are being fielded have been assessed to have a dud rate, or rate of unexploded submunitions released from each round, of 2.35%.” However, the New York Times, in a rare moment of actually doing their research, discovered the failure rate to be as high as 14%. This means that when these cluster munitions are used thousands of unexploded bomblets will be spread throughout Ukraine. Whether used in urban or rural areas, the unexploded ordnance will likely injure or kill civilians.

“But in a conflict, these shells are fired in a wide variety of places that force dud rates up to 10 percent, and in some cases even higher, especially when they land in water, sand, mud or soft ground like plowed fields.” - NYT

Even if the 2.35% number were true, the export of these weapons would still be in violation of the 2022 US Security Assistant Management Manual which states:

No military assistance will be furnished for cluster munitions, no defense export license for cluster munitions may be issued, and no cluster munitions or cluster munitions technology will be sold or transferred, unless (1) the submunitions of the cluster munitions have a 99 percent or higher functioning 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

However, as president, Joe Biden is able to waive this rule. If only Democrats had been able to do something about waiving the parliamentarian’s non binding decision to disallow the 15$ minimum wage…but they only waive rules when it comes to exporting munitions whose use constitutes a war crime. This is not the only law that is being violated in exporting cluster munitions to Ukraine. In 2018, Representative Ro Khanna introduced Section 8130 of the Defense Appropriations Act which states:

 None of the funds made available by this Act may be used 
to provide arms, training, or other assistance to the Azov Battalion.

This provision has not been removed from National Defense Appropriations Act and is even included in the draft of the 2024 act as Section 8105. The US has also been in constant in violation of the Leahy Law. According to the State Department:

The DoD Leahy law is now permanent in Section 362 of Title 10 of the U.S. Code. It requires that DoD-appropriated funds may not be used for any training, equipment, or other assistance for a foreign security force unit if the Secretary of Defense has credible information that such unit has committed a gross violation of human rights.

The Office of the United Nations High Commissioner for Human Rights reported in 2015:

Serious human rights abuses, intimidation and harassment of the local population perpetrated by the armed groups continued to be reported. The HRMMU received new allegations of killings, torture and ill-treatment, as well as cases of illegal deprivation of liberty, forced labour, looting, ransom demands and extortion of money on the territories controlled by the armed groups. Persecution and intimidation of people suspected of supporting the Ukrainian armed forces or being pro-Ukrainian remained widespread. At times, the armed groups did not permit the HRMMU to access areas where violations of human rights have reportedly been taking place, or it was not possible for security reasons.

These violations were carried out by multiple regiments including the Dnipro-1 Regiment which remains active in Ukraine today. Ukrainian Col. Yurii Bereza, commander of Dnipro 1 regiment praised the new weapons they received from the west in August 2022. Since the US does not adequately track their weapon shipments, it is unknown how many other Nazi regiments are receiving the weapons.

In addition to this assistance to Ukraine, the US arms 73% of the world’s dictators. Many of these states have used US weapons in gross violations of human rights. This includes Saudi Arabia’s continued war on Yemen, where US cluster munitions have been used in civilian areas. Nevertheless, in August 2022, the US approved $5 billion in arms sales to Saudi Arabia and the United Arab Emirates. This broke a pledge by Biden to stop arms sales to the two countries due to their involvement in the war in Yemen.

National Security Advisor of the United States and overseer of the 2014 Maidan coup, Jake Sullivan tried to reassure us that these would not be used on civilians saying, “Ukraine would not be using these munitions in some foreign land. This is their country they’re defending. These are their citizens they’re protecting and they are motivated to use any weapon system they have in a way that minimizes risks to those citizens.” These are nice words but the history of the war in Ukraine shows that Ukraine has been anything but diligent about minimizing risk to citizens.

In 2014, as documented by Human Rights Watch, Ukraine made use of cluster munitions attacking numerous civilian areas. These attacks included targeting the city of Donetsk. As HRW describes, “At least five Uragan cluster munition rockets containing submunitions struck central Donetsk in early October 2014, based on evidence Human Rights Watch gathered. The evidence overwhelmingly indicates that these rockets were fired from government-held areas near the village of Novomykhailivka, southwest of Donetsk.” Among the areas hit by cluster munitions was a supermarket in Donetsk, clearly a civilian area.

“In the 12 incidents documented by Human Rights Watch, cluster munitions killed at least 6 people and injured dozens. The real casualty number from use of cluster munitions in the conflict is probably higher, Human Rights Watch said, since it has not investigated all allegations of cluster munition use.”

The forces of Donetsk and Luhansk also may have made use of cluster munitions, although HRW did not find conclusive evidence to that end at the time of their report.

There is evidence that Russia also has been using cluster munitions since their entrance into the conflict in February 2022. This is a clear war crime, the same as Ukraine’s usage. However, as HRW says, “Violations of the laws of war by one party to the conflict do not justify violations by the other party.” Rather than condemning the use of cluster munitions by both sides, the United States has chosen to arm Ukraine with additional cluster munitions in spite of their track record of targeting civilian areas.

New Human Rights Watch research found that Ukrainian cluster munition rocket attacks on Russian-controlled areas in and around the city of Izium in eastern Ukraine during 2022 caused many casualties among Ukrainian civilians. 

The International Committee of the Red Cross has said “Cluster munitions remain one of the world's most treacherous weapons. They kill and maim indiscriminately and cause widespread human suffering. They make it unsafe for people displaced by war to return to their homes and farmers to their fields, for years if not decades after conflicts end.”

On February 28, 2022, then US Press Secretary Jen Psaki called the use of cluster munitions a potential war crime.

Q: Thanks, Jen.  There are reports of illegal cluster bombs and vacuum bombs being used by the Russians.  If that’s true, what is the next step of this administration?  And is there a red line for how much violence will be tolerated against civilians in this manner that’s illegal and potentially a war crime?

MS. PSAKI:  It is — it would be.  I don’t have any confirmation of that.  We have seen the reports.  If that were true, it would potentially be a war crime. 

Again, on March 2nd, 2022, US ambassador to the UN Linda Thomas Greenfield made the statement that cluster munitions are banned under the Geneva Convention.

LINDA THOMAS-GREENFIELD: We’ve seen videos of Russian forces moving exceptionally lethal weaponry into Ukraine which has no place on the battlefield. That includes cluster munitions and vacuum bombs, which are banned under the Geneva Convention.

As Amy Goodman of Democracy Now explained, “Within hours of those remarks, the U.S. Mission to the U.N. edited Ambassador Thomas-Greenfield’s transcript, changing her comments to read that the weapons have no place on the battlefield if they’re directed against civilians.” The way that the US had to walk back this remark shows how the narrative has changed. Today, according to the US, cluster munitions are needed by Ukraine and providing them does not constitute a war crime.

“But the main thing is, they either have the weapons to stop the Russians now from their — keep them from stopping the Ukrainian offensive through these areas, or they don’t. And I think they needed them.” - President Biden on cluster munitions

It is no secret that Ukraine has been using cluster munitions against civilians since 2014 and during the latest phases of the war. The only predictable result from sending more cluster munitions to Ukraine is that more civilians are going to die. In April 2022, the New York Times covered Ukrainian usage of cluster munitions against the village of Husarivka, though no one was killed in that attack.

But the Ukrainians’ decision to saturate their own village with a cluster munition that has the capacity to haphazardly kill innocent people underscores their strategic calculation: This is what they needed to do to retake their country, no matter the cost. - NYT

Haphazardly killing innocent people is a war crime. While the citizens of Husarivka were fortunate that no one died in the attack, others were not so lucky. Hlynske, Izium, and Mount Kremenets were all hit by cluster munitions multiple times between March and July 2022.  According to documentation by HRW, these attacks killed at least eight civilians and wounded 15 more.

Ukraine has also been making use of internationally banned antipersonnel “petal” or “butterfly” mines in civilian areas. This is in violation of their own agreement when they signed the 1997 Mine Ban Treaty on February 24, 1999, and ratified it on December 27, 2005. Human Rights Watch has documented their use in nine areas around Izium. Additionally thousands of the mines were dropped into Donetsk. Ukraine and western media have blamed Russia for these mines, but considering Ukraine’s previous use in Izium and the fact that Donetsk is in Russian territory, the most likely culprit is Ukraine.

In spite of this history, Congresswoman Alexandria Ocasio-Cortez decided to endorse Biden after the announcement about cluster munitions being sent to Ukraine was made. This goes against her stated platform which claims:

America should not be in the business of destabilizing countries. While we may see ourselves as liberators, the world increasingly views us as occupiers and aggressors. Alexandria believes that we must end the "forever war" by bringing our troops home, and ending the air strikes that perpetuate the cycle of terrorism throughout the world.

At the time of writing (July 10), she still has not released a statement condemning the transfer of cluster munitions to Ukraine. She voted in favor of earlier arms packages transfers to Ukraine. This also goes against the platform of the Democratic Socialists of America, an organization to which she still belongs. DSA calls specifically for ending NATO, USAID, and cutting the military budget. By endorsing Biden, AOC has gone against everything she claimed to stand for. Bernie Sanders, who endorsed Biden immediately after the announcement that he was running for reelection, has also remained silent on the transfer of cluster munitions.

Democratic Congresswoman Barbara Lee, who supports the US proxy war in Ukraine and voted for previous arms packages, has come out against the transfer of cluster munitions.

“I think the President’s been doing a good job managing this war, this Putin aggressive war against Ukraine, but I think that this should not happen,” Lee said Sunday of the cluster munitions. 

Arming Ukraine was not a problem for her, but cluster munitions represented a red line. She said, “Once you see what takes place, we know what takes place in terms of cluster bombs being very dangerous to civilians. They don’t always immediately explode. Children can step on them. That’s a line we should not cross.” She made no comment on Ukraine’s previous use of them.

On February 4, 2021, President Joe Biden claimed “Diplomacy is back at the center of our foreign policy.” This was clearly a lie, as the US has refused to support any sort of peace talks to end the war in Ukraine. On June 2, 2023, Secretary of State Antony Blinken said:

Now, over the coming weeks and months, some countries will call for a ceasefire.  And on the surface, that sounds sensible – attractive, even.  After all, who doesn’t want warring parties to lay down their arms?  Who doesn’t want the killing to stop?

But a ceasefire that simply freezes current lines in place and enables Putin to consolidate control over the territory he’s seized, and then rest, re-arm, and re-attack – that is not a just and lasting peace.  It’s a Potemkin peace.  It would legitimize Russia’s land grab.  It would reward the aggressor and punish the victim.

Clearly it is the US who does not want to stop the killing. They want to continue this proxy war until the last Ukrainian is dead. Sending cluster munitions will not stop the war, but it will increase the danger to civilians for years to come. When a Ukrainian child dies to an unexploded cluster munition in 2030, it will be because Joe Biden’s neocon administration decided weakening Russia was more important than innocent lives.

Note on sources

Human Rights Watch has been used as my primary source for this article, but they are not 100% reliable considering being funded by George Soros and other private donors. Journalist Eva Bartlett describes them as “one of many Western-funded NGOs with a history of whitewashing NATO and its allies’ crimes while pretending to be a neutral observer.” According to Influence Watch, large amounts of HRW’s funding comes from the “Open Society Foundations, the MacArthur Foundation, the Ford Foundation, and the Bill and Melinda Gates Foundation.” The Open Society Foundation is a George Soros funded operation that pledged to give $100 milllion to HRW over ten years starting in 2010. HRW is banned in Russia and therefore cannot accurately observe the Russian military. Unfortunately since Organization for Security and Cooperation Europe (OSCE) observers left Ukraine after Russia entered the war in February 2022, it is difficult to find in depth reports on the ground outside of those done by HRW.