Extract
The use of cluster munitions in the war on terrorism.
I. INTRODUCTION
Militaries throughout the world value cluster bombs or cluster munitions for their unique and destructive power. (1) But in conflicts where cluster bombs are utilized and when the battles have ended, unexploded cluster bomblets inevitably remain, sometimes wounding and killing innocent people when they return to their homes. (2) When the fighting between Israel and Hezbollah, a militant Shiite Muslim group, ended in August 2006, a conflict known as the 2006 Lebanon War, an estimated one million unexploded cluster bomblets littered the lands of southern Lebanon. (3) The use of cluster bombs is governed by international humanitarian law, which includes Protocol I of the Geneva Conventions. (4) Currently, however, cluster bombs are not explicitly banned under international law. (5) Although controversy often surrounds the use of cluster bombs, the specific facts, methods, and circumstances regarding their use are frequently central to an analysis of their legality under international law. (6) This Note argues that the United States's use of cluster bombs in the Global War on Terrorism in Afghanistan and Iraq, and Israel's use of cluster bombs in its conflict with Hezbollah in Lebanon demonstrates the need for stronger international laws regulating the use of cluster bombs with more explicit consequences aimed at preventing civilian casualties during and after an armed conflict. (7) Part II of this Note explores the characteristics of cluster bombs that make them controversial and examines the historical development of the laws relating to the use of cluster bombs in war. (8) Part III outlines cluster bomb use in specific conflicts, with particular emphasis on the use of cluster bombs during the conflict between Israel and Hezbollah in the 2006 Lebanon War. (9) Part IV analyzes the current state of international law in relation to the use of cluster bombs in the war on terrorism and whether more explicit laws are necessary to govern their use, with specific emphasis on the use of cluster bombs in the 2006 Lebanon War. (10) Finally, Part V concludes that while a complete ban on cluster bombs is unnecessary and likely impractical, the use of cluster bombs in the broader war on terrorism demonstrates a need for more explicit laws concerning cluster bomb use with harsher consequences for the misuse of cluster bombs in the international arena. (11) II. HISTORY A. Cluster Weapons Essentially, a cluster bomb is a bomb that contains smaller bombs inside. (12) Cluster bombs are weapons that are designed to disperse numerous smaller explosive submunitions over a wide area. (13) Each cluster bomb contains a canister consisting of smaller submunitions, often referred to as bomblets or grenades, which are designed to explode at or near impact in the targeted area. (14) Military forces are able to dispense cluster bombs using aircraft, surface artillery, or rockets. (15) A single cluster bomb dropped from the air can contain hundreds of smaller bomblets causing damage from the numerous smaller explosions every few feet apart. (16) The British designed the first cluster munitions during World War I to deliver incendiary attacks. (17) The United States and other countries used cluster bombs in World War II. (18) Military planners consider cluster bombs particularly effective against concentrations of enemy troops, airfields, and air defense units. (19) In the Vietnam War, the United States effectively used cluster bombs to destroy surface-to-air missiles, which were harder to destroy using traditional single bombs. (20) Given the military success, cluster bombs have been used in numerous conflicts since the Vietnam War. (21) Cluster bombs were used in at least sixteen armed conflicts in recent history. (22) At a minimum, twenty-three different countries have used cluster bombs and approximately thirty-four countries produce these weapons. (23) Controversy sometimes surrounds the use of cluster bombs, primarily because two to thirty percent of the dispensed submunitions fail to explode. (24) Various factors such as weather, wind, soil conditions, mechanical failures, and human error can influence the rate at which a cluster bomb's submunitions fail to explode. (25) Considering that in a single conflict, thousands of cluster bombs may be used, each containing hundreds of submunitions, even an extremely low failure rate may result in thousands of unexploded submunitions remaining on the ground. (26) As a result, these unexploded submunitions present a plethora of dangers to civilians or advancing friendly soldiers. (27) A report by Handicap International, which studied the effects of cluster bombs in twenty-four different countries and regions, found that civilians account for ninety-eight percent of those killed by cluster bombs and children account for twenty-seven percent of casualties. (28) Some human rights groups equate the dangers of unexploded cluster bomblets to landmines. (29) These ...See the full content of this document
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