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OPINION                                                                   JULY 28, 2023  |   The Indian Eye 12



        that  sub-munitions  can  remain  ex-
        plosive  hazards  for  decades.  Cluster
        munitions’  bomblets  are  generally
        designed  to  explode  or  ignite  upon
        hitting  the  ground,  but  historically
        their failure rate is the highest among
        all classes of weapons, with lasting and
        often devastating consequences for ci-
        vilians. Civilian casualties are primar-
        ily  caused  by  munitions  being  fired
        into areas where soldiers and civilians
        are intermixed, inaccurate cluster mu-
        nitions landing in populated areas, or
        civilians traversing areas where clus-
        ter  munitions  have  been  employed
        but failed to explode.
            Two technical characteristics of
        submunitions—failure  rate  and  lack
        of  a  self-destruct  capability—have
        been  at  the  core  of  the  criticism  of
        cluster  munition.  There  exist  signifi-
        cant discrepancies among failure rate
        estimates.  While  a  few  manufactur-
        ers  claim  a  submunition  failure  rate
        of 2 to 5 per cent, field reports have
        recorded failure rates of 10 to 30 per
        cent. Several factors influence submu-
        nition reliability. In addition, factors
        impacting higher failure rates of sub-
        munition include delivery technique,
        age of the submunition, air tempera-
        ture, landing in soft or muddy ground,
        getting caught in trees and vegetation,   Source: Joseph Trevithick, “What DPICM Cluster Munitions Are and Why Ukraine Wants Them So Bad”, The Drive, 6 July 2023.
        and submunition being damaged after
        dispersal, or landing in such a manner
        that their impact fuses fail to initiate.   Described as “frustrated with the   CONCLUSION            paign for the widespread accession to
        In  addition,  submunitions  without  a   CCW  process”,  several  CCW  mem-  DPICM availability will not only   and ratification of the CCM.
        self-destruct  capability  are  of  specif-  bers—led by Norway, initiated nego-  improve  Ukrainian  military  perfor-  In  any  case,  CCM  provisions
        ic concern since they can remain an   tiations in 2007 outside of the CCW   mance  against  Russian  forces  that   are not relevant in the extant case of
        unexploded ordnance (UXO) hazard   to ban cluster munitions. On 30 May   are entrenched, but it will also aid in   DPICM supply to Ukraine.  The Con-
        for  decades,  thereby  increasing  the   2008,  they  reached  an  agreement,   reducing Ukrainian and wider NATO   vention has never been ratified by the
        potential for civilian casualties.  Convention  on  Cluster  Munitions   ammunition  shortages  and  barrel   US, Ukraine, or Russia. Additionally,
            In order to address humanitarian   (CCM), to ban cluster munitions. The   shortages. Even before the extant con-  the  treaty  was  never  ratified  by  Po-
        concerns  about  UXO,  some  nations   US, Russia, China, Israel, Egypt, In-  troversy about DPICM, cluster muni-  land and Romania, two NATO mem-
        are developing ‘smart’ or sensor-fuzed   dia, and Pakistan did not participate   tions have been employed during the   bers  through  whom  weapons  would
        weapons with greater reliability and a   in the talks or sign the agreement. On   ongoing Ukraine war by both belliger-  presumably  pass  to  reach  Ukraine.
        variety  of  self-destruct  mechanisms   3–4 December 2008, 94 states signed   ents. Since the invasion of Ukraine on   Therefore,  in  the  context  of  the
        intended to address the residual haz-  the  convention  in  Oslo,  and  four  of   24 February 2022, the Russian military   Ukraine war, parties involved in the
        ard of submunitions. The US has ar-  those signatories also ratified it at the   has been reported to have extensively   supply, transit or future use of these
        gued  that  DPICM  shells  being  sent   same time. France, Germany, and the   employed at least six types of cluster   weapons are not constrained by any
        to Ukraine are an improved version   United Kingdom were among the 18   munitions: missiles for multiple rocket   specific legal prohibition against their
        of ammunition and has an estimated   NATO members who are signatories   launchers ‘Hurricane’, ‘Smerch’, ‘Tor-  use,  including  restrictions  imposed
        failure rate of 2.35 per cent or less, far   of the CCM. Six months following the   nado-S’, missile systems ‘Tochka’ and   under provisions of CCM.
        better than the usual rate that is com-  deposit of the thirty-first ratification,   ‘Iskander-M’, as well as RBC bombs
        mon  for  cluster  weapons.  However,   the  convention  was  supposed  to  go   (500  with  PTAB-1M  submunitions).   Cmde Abhay Kumar Singh (Retd) is
        the cluster munitions in question con-  into effect. On 16 February 2010, the   Ukrainian forces were also noted to   Research Fellow at the Manohar Par-
        tain older grenades which as per the   UN received the 30th ratification, and   have  used  Soviet-origin  cluster  mu-  rikar Institute for Defence Studies and
        US DoD’s study are known to have a   the agreement became effective on 1   nition at least three times in the war.  Analyses, New Delhi.
        failure rate of 14 per cent or more.  August 2010.24                    Notwithstanding  provisions  of   Views expressed are of the author and
            All weapons carry a certain       The CCM, inter alia, bans the use   CCM and rather widespread human-
                                                                                                                do not necessarily reflect the views of
        amount  of  risk,  but  cluster  bombs   of cluster munitions, as well as their   itarian  concern,  cluster  munitions   the Manohar Parrikar IDSA or of the
        have been said to represent a special   development, production, acquisition,   remain  a  legitimate  weapon  of  war.   Government of India.
        danger to people since they routine-  transfer, and stockpiling. The conven-  Legal  prohibition  of  production,
        ly  leave  behind  a  lot  of  unexploded   tion  exempts  ‘Smart  Cluster  Muni-  stockpiling, transfer and use remains   The full version of this article first ap-
        bomblets and have a huge area of ef-  tions’ that can detect and engage a sin-  applicable  only  to  signatories  of  the   peared in the Comments section of the
        fect. These unexploded bomblets can   gle target or explosive sub-munitions   conventions  even  though  members   website (www.idsa.in) of Manohar Par-
        continue to pose a threat for decades   equipped  with  an  electronic  self-de-  of CCM such as the Cluster Munition   rikar Institute for Defense Studies and
        after combat has ended.           struction or self-deactivating feature.   Coalition  (CMC)  continue  to  cam-  Analyses,  New  Delhi  on  July  20,  2023


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