JURIST - Hotline: Make cluster bombs illegal

Thomas Nash [Cluster Munition Coalition Coordinator]: "The increasing evidence of humanitarian harm from cluster munitions used during the recent conflict between Israel and Hezbollah is the latest example of a consistent pattern of civilian suffering documented over the last 40 years. Whether it has been the goverment of Sudan against armed factions in south Sudan, Ethiopian use against Eritrean refugee camps, Russian use against Chechen forces, US use in Laos, Cambodia, Vietnam, Afghanistan, Iraq and elsewhere, UK use in Kosovo or Iraq, Israeli use in Lebanon or now, reportedly, Hezbollah use in northern Israel, the impact is the same: unnecessary deaths and injuries during attacks and a deadly threat to lives and livelihoods for decades afterwards.

The legality of the use of cluster munitions is contested. Legal opinions range from their use being inherently illegal, conditionally illegal, conditionally legal, or requiring no specific provisions. Belgium has banned the weapon and Norway has declared a moratorium. The ICRC has called for a legally binding instrument on cluster munitions, prohibiting their use in populated areas and ending the use altogether of 'inaccurate and unreliable' types. Key user states have argued that the use of cluster munitions is legal and that the right balance has been struck between military necessity and humanitarian concern. Yet they have made no effort to understand the humanitarian impact and have dismissed evidence gathered by humanitarian organisations. The only reason these indiscriminate weapons are still considered legal is that the international community has failed to take the necessary action and render them illegal. If the international community has a genuine commitment to the protection of civilians from the effects of armed conflict such action must be undertaken."