A cluster munition is a large bomb, rocket or artillery shell that contains hundreds of small submunitions, or individual bomblets. In some cases, up to 40 percent of the bomblets fail to explode and therefore pose a significant danger to civilians long after conflict has ended. Over 98 percent of the victims are civilians according to Handicap International, a UK-based NGO. If Israel’s motive was to seek and destroy Hizbollah via a short-term incursion, why use weapons designed to destroy the civilian population generally - and for years to come?
More importantly, how could the manufacturer of the very same bombs that score an average of two casualties per day over 80 days since the end of the conflict condone such use of its weaponry, particularly when that country is the United States, the alleged beacon of freedom and democracy? The outraged finally surfaced three weeks after the end of the conflict in Lebanon on September 6, when Senators Patrick Leahy (D-VT) and Diane Feinstein (D-CA) proposed a minimal amendment to simply restrict the usage of cluster bombs in civilian areas throughout the world.
The amendment did not pass after being rejected by 70 "distinguished" members of the Senate. Politics aside, when voting on Tuesday consider asking a fundamental question of humanity: does your Senator condone the mass murder of innocent children? Not a single Republican senator voted to prevent the use of cluster bombs on civilians. Many Democrats followed suit, including Hillary Clinton, Joseph Lieberman, Joseph Biden and Christopher Dodd.
Senators who voted for the amendment include Barack Obama, Barbara Boxer, John Kerry, Edward Kennedy, Russell Feingold and Barbara Mikulski.
Senator Highlights
Senator Patrick Leahy (Democrat, Vermont)
Statement on August 1, 2006, 20 days into the conflict
"For the sake of innocent lives on both sides of these battle lines, it is vitally important to ask whether destroying Lebanon – not Hezbollah, but destroying Lebanon -- will make Israel more secure or instead rally Muslims behind Hezbollah and give rise to further hatred and insecurity. I believe that continued bombing of civilian areas in Lebanon will not destroy Hezbollah, but in a perverse way, it may strengthen it.The fact that these attacks are being carried out with such intensity and are yielding so much death and destruction, with weapons supplied by the United States, and at a time when we are trying to repair our already frayed relations with Muslims around the world, is all the more reason for the United States and the people of Israel to consider and answer this question frankly and honestly. I am concerned, as others have also warned, that a short-term tactical victory – even if possible – could prove to be a hollow victory at great human cost."
Senator Leahy established The Leahy War Victims Fund (LWVF) in 1989 to respond to the needs of these innocent victims of conflict in developing countries. Today the LWVF provides $10 million annually for programs to assist people living with disabilities resulting from civil strife and warfare. In Lebanon, the Fund is supporting a cooperative of landmine victims to develop markets for local agricultural products.
Senator Diane Feinstein (Democrat, California)
Statement on September 5, 2006
"What gives rise in part to my amendment are recent developments in Lebanon over alleged use of cluster bombs. Throughout southern Lebanon, more than 405 cluster bomb sites containing approximately 100,000 unexploded bomblets have been discovered. Each site covers a radius of 220 yards. As Lebanese children and families return to their homes and begin to rebuild, they will be exposed to the danger of these unexploded bomblets lying in the rubble. Thirteen people, including three young children, have been killed so far, and 48 injured. One United Nations official estimates that the rate of unexploded bomblets is 40 percent. So far, more than 2,000 unexploded bomblets have been destroyed, but it will take 12 to 15 months to complete the effort.Let me say that I join the United Nations Humanitarian Coordinator for Lebanon, David Shearer, in calling on Israel to provide information on where the cluster bombs were used. Such information is vital to speed up the cleanup process and save lives.
Is that too much to ask? That if you are going to use a cluster munition which spews bomblets for a half mile that you be certain these are not going to be used in a civilian area? I think the answer is clearly is no."
Senators John Sununu (Republican, New Hampshire) & Dick Durbin (Democrat, Illinois)
Statement on August 1, 2006, 20 days into the conflict
"In response to the crisis in Lebanon, U.S. Senators Dick Durbin (D-IL) and John Sununu (R-NH) today introduced bipartisan legislation, the Lebanese Temporary Protected Status Act of 2006, which would make Lebanon eligible for temporary protected status (TPS) for an initial twelve-month period. The Durbin-Sununu bill would allow Lebanese nationals currently in the United States to remain here because ongoing hostilities make it unsafe for them to return to Lebanon."
Senator Lowlights
Senator Jon Kyl (Republican, Arizona)
Statement on August 7, 2006, 26 days into the conflict
"Many in the international community have urged “restraint” on the part of Israel in facing this crisis. In international relations, restraint is generally a good thing. In war it is not. In fact, it can lead to defeat. Israeli restraint and forbearance should only be given in response to action by the other side. No other sovereign nation would tolerate the kinds of incursions that Israel has endured. And, as Secretary of State Rice has repeatedly made clear, the U.S. is not going to urge a premature ceasefire."
Senator Hillary Clinton (Democrat, New York)
"The United States must stand by Israel as she defends herself. Israel’s right to exist, and exist in safety, must never be put in question."
Vote Summary
Vote Date: September 6, 2006, 12:00 PM
Statement of Purpose: To protect civilian lives from unexploded cluster munitions
30 Senators voted for the amendment
Akaka, Daniel (D-HI), Baucus, Max (D-MT), Bingaman, Jeff (D-NM), Boxer, Barbara (D-CA), Byrd, Robert (D-WV), Cantwell, Maria (D-WA), Carper, Thomas (D-DE), Conrad, Kent (D-ND), Dayton, Mark (D-MN), Dorgan, Byron (D-ND), Durbin, Richard (D-IL), Feingold, Russell (D-WI), Feinstein, Diane (D-CA), Harkin, Tom (D-IA), Jeffords, James (I-VT), Johnson, Tim (D-SD), Kennedy, Edward (D-MA), Kerry, John (D-MA), Kohl, Herb (D-WI), Leahy, Patrick (D-VT), Levin, Carl (D-MI), Menendez, Robert (D-NJ), Mikulski, Barbara (D-MD), Murray, Patty (D-WA), Obama, Barack (D-IL), Reed, Jack (D-RI), Reid, Harry (D-NV), Sarbanes, Paul (D-MD), Stabenow, Debbie (D-MI), Wyden, Ron (D-OR)
70 Senators rejected the amendment
Alexander, Lamar (R-TN), Allard, Wayne (R-CO), Allen, George (R-VA), Bayh, Evan (D-IN), Bennett, Robert (R-UT), Biden, Joseph (D-DE), Bond, Christopher (R-MO), Brownback, Sam (R-KS), Bunning, Jim (R-KY), Burns, Conrad (R-MT), Burr, Richard (R-NC), Chafee, Lincoln (R-RI), Chambliss, Saxby (R-GA), Clinton, Hillary (D-NY), Coburn, Tom (R-OK), Cochran, Thad (R-MS), Coleman, Norm (R-MN), Collins, Susan (R-ME), Cornyn, John (R-TX), Craig, Larry (R-ID), Crapo, Mike (R-ID), DeMint, Jim (R-SC), DeWine, Mike (R-OH), Dodd, Christopher (D-CT), Dole, Elizabeth (R-NC), Domenici, Pete (R-NM), Ensign, John (R-NV), Enzi, Michael (R-WY), Frist, Bill (R-TN), Graham, Lindsey (R-SC), Grassley, Chuck (R-IA), Gregg, Judd (R-NH), Hagel, Chuck (R-NE), Hatch, Orrin (R-UT), Hutchison, Kay (R-TX), Inhofe, James (R-OK), Inouye, Daniel (D-HI), Isakson, Johnny (R-GA), Kyl, Jon (R-AZ), Landrieu, Mary (D-LA), Lautenberg, Frank (D-NJ), Lieberman, Joseph (D-CT), Lincoln, Blanche (D-AR), Lott, Trent (R-MS), Lugar, Richard (R-IN), Martinez, Mel (R-FL), McCain, John (R-AZ), McConnell, Mitch (R-KY), Murkowski, Lisa (R-AK), Nelson, Bill (D-FL), Nelson, Benjamin (D-NE), Pryor, Mark (D-AR), Roberts, Pat (R-KS), Rockefeller, John (D-WV), Salazar, Ken (D-CO), Santorum, Rick (R-PA), Schumer, Charles (D-NY), Sessions, Jeff (R-AL), Shelby, Richard (R-AL), Smith, Gordon (R-OR), Snowe, Olympia (R-ME), Specter, Arlen (R-PA), Stevens, Ted (R-AK), Sununu, John (R-NH), Talent, James (R-MO), Thomas, Craig (R-WY), Thune, John (R-SD), Vitter, David (R-LA), Voinovich, George (R-OH), Warner, John (R-VA)
Feinstein Amendment Number 4882
Amdt. No. 4882 (Purpose: To protect civilian lives from unexploded cluster munitions)
At the end of title VIII, add the following:
Sec. 8109. No funds appropriated or otherwise made available by this Act may be obligated or expended to acquire, utilize, sell, or transfer any cluster munition unless the rules of engagement applicable to the cluster munition ensure that the cluster munition 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.
Senator Feinstein proposing the amendment in the Senate
Mr. President, on behalf of the Senator from Vermont and myself, I offer an amendment to the Defense appropriations bill to address a humanitarian issue that I have actually thought a great deal about over a long period of time; that is, the use of the cluster bomb. The human death toll and injury from these weapons is felt every day, going back decades. Innocent children think they are picking up a play toy in the field and suddenly their arm is blown off.
I believe we need to take a look at our policies and adjust them. Specifically, our amendment would prevent any funds from being spent to purchase, use, or transfer cluster munitions until the rules of engagement have been adopted by the Department of Defense to ensure that such munitions will not be used in or near any concentration of civilians, be it permanent or temporary, such as inhabited parts of cities or villages or in camps or columns of refugees or evacuees.
Every year, hundreds of civilians are killed and many more are injured due to unexploded cluster bombs. From the fields of Vietnam, Laos, and Cambodia, through the streets of Kosovo and Iraq, to the arid hills of Afghanistan and the playgrounds of Lebanon, these lethal relics of war continue to cripple life, hope, and peace.
Cluster munitions are large bombs, rockets, or artillery shells that contain up to hundreds of small submunitions or individual bomblets. They are intended for attacking enemy troop formations and armor, covering approximately a .6-mile radius. In other words, their swath is over one-half mile. Yet in practice they pose a real threat to the safety of civilians when used in populated areas because they leave hundreds of unexploded bombs over a very large area and they are often inaccurate. They end up in streets and cities where men and women go to work and do their shopping. They end up in groves of trees and fields where children play. They end up in homes where families live. And in some cases, up to 40 percent of cluster bombs fail to explode, posing a particular danger to civilians long after the conflict has ended.
This is particularly and sadly true of children because bomblets are no bigger than a D battery and in some cases resemble a tennis ball. Children outside with their friends and relatives come across these cluster bombs. They pick them up out of curiosity because they look like balls and they start playing with them and a terrible result follows.
On March 25, 2003, Abdallah Yaqoob, whose picture is behind me, was sleeping on his bed in his family's home in Basra, Iraq, when he was hit with shrapnel from a cluster munitions strike in his neighborhood. He lost his arm, and his abdomen was severely injured. Abdallah was hit by a British L20A1/M85 munition.
Falah Hassan, 13, was injured by an unexploded ground-launched submunition in Iraq on March 26, 2003. The explosion severed his right hand and spread shrapnel through his body. He lost his left index finger and soft tissue in his lower limbs.
This is a photo of an unexploded M42 cluster submunition found on a barbed-wire fence in southern Lebanon in August 2006. You can see the size of the bomblet. Right next to it is a small pinecone. So this is a small munition hanging on a piece of barbed wire.
These unexploded cluster bombs become, in essence, landmines. Instead of targeting troop formations and enemy armor, unexploded bomblets target innocent civilians, seriously maiming or killing their victims. This runs counter to our values, and I believe it also runs counter to the laws of war.
Make no mistake, the impact of unexploded cluster bombs on civilian populations has been devastating. This first came to my attention in Laos, many years ago. In Laos today, there are between 9 and 27 million unexploded cluster bombs, leftovers from our bombing campaigns in the 1960s and 1970s. Approximately 11,000 people, 30 percent of them children, have been killed or injured since the war ended.
In the first gulf war, 61,000 cluster bombs were used, containing 20 million bomblets. Since 1991, unexploded bomblets have killed 1,600 innocent men, women, and children and injured more than 2,500.
In Afghanistan in 2001, over 1,228 cluster bombs with almost a quarter of a million bomblets were used. Between October 2001 and November 2002, that year, 127 civilians were killed, 70 percent of them under the age of 18.
In Iraq in 2003, 13,000 cluster bombs with 2 million bomblets were used. Combining the first and second gulf war, the total number of unexploded bomblets in the region today is 1.2 million. How many people will die? Already, an estimated 1,220 Kuwaitis and 400 Iraqi civilians have been killed since 1991 because they innocently picked up one of these bomblets.
What gives rise in part to my amendment are recent developments in Lebanon over alleged use of cluster bombs. Throughout southern Lebanon, more than 405 cluster bomb sites containing approximately 100,000 unexploded bomblets have been discovered. Each site covers a radius of 220 yards. As Lebanese children and families return to their homes and begin to rebuild, they will be exposed to the danger of these unexploded bomblets lying in the rubble. Thirteen people, including three young children, have been killed so far, and 48 injured. One United Nations official estimates that the rate of unexploded bomblets is 40 percent. So far, more than 2,000 unexploded bomblets have been destroyed, but it will take 12 to 15 months to complete the effort.
Let me say that I join the United Nations Humanitarian Coordinator for Lebanon, David Shearer, in calling on Israel to provide information on where the cluster bombs were used. Such information is vital to speed up the cleanup process and save lives.
We have called the State Department. We have asked for information about the conditions for the sale of cluster munitions to Israel, and we have not been able to get that information. It seems to me that information should be readily available and transparent, particularly to the U.S. Senate and the House of Representatives.
The State Department is currently looking into charges that the cluster bombs found in south Lebanon were American made--I do not know that they were--and that they were used in violation of agreements between the United States and Israel. I do not know that they were, but I think we should know, and I think we should not cloak ourselves with ignorance. I am hopeful that this inquiry will be completed as soon as possible and the findings reported to the Congress. If there are violations, there should be consequences.
Looking at these figures, it is clear that several countries are awash with unexploded bomblets--Laos, 7 to 27 million; Iraq, 1.2 million; and then Lebanon, 100,000.
Some say: Why should we be doing this? I have always believed that this country stands for justice, it stands for right, and it has a moral compass. I believe the use of these weapons in civilian areas should be stopped.
I also know that there is a dud rate--in other words, a rate at which point these bomblets do not explode. I ask this question: How are we supposed to win the hearts and minds of civilians in those countries where we leave behind such deadly weapons that indiscriminately kill young children? How are we supposed to speed up reconstruction efforts--building homes, schools, hospitals, clinics, ensuring electricity and water supplies--when populated areas are littered with these bombs?
They remind innocent civilians that it was America that launched these weapons in populated areas; that it was America that failed to take the necessary steps to protect them from unexploded bombs by demanding a low failure rate; and it was America that failed to remove, expeditiously, unexploded bombs.
Simply put, unexploded cluster bombs fuel anger and resentment and make security stabilization and reconstruction efforts that much harder.
It is not just a humanitarian problem, it is also a military problem.
By showering targets with cluster bombs, we ensure that our own personnel will face thousands of unexploded bombs as they move forward. This forces them to change course. It slows the mission.
During the Iraq war, U.S. troops fired 6 rockets containing 4,000 bomblets to eliminate 1 artillery piece in a civilian neighborhood. With a 16-percent failure rate, approximately 640 unexploded bomblets were left behind. That is 1 artillery piece--6 rockets, 4,000 bomblets, and today 640 unexploded bomblets on the streets.
As an August 2003 Wall Street Journal article noted, "Unexploded bomblets render significant swaths of battlefield off-limits to advancing U.S. troops."
In fact, during the first gulf war, unexploded cluster munitions killed 22 of our own military. That was 6 percent of the total U.S. fatalities, and it injured 58. Former Secretary of Defense Bill Cohen recognized the threat cluster bombs pose to civilians as well as our troops. He issued a memorandum which became known as the Cohen policy.
It stated that beginning in fiscal year 2005, all new cluster bomblets would have a failure rate of less than 1 percent.
This was an important step forward, but we must remember that we still have 5.5 million cluster bombs containing 728.5 million bomblets. That means we are still prepared to use an enormous number of cluster bombs that have significant failure rates--some estimate as high as 40 percent.
Out of the 728.5 million cluster submunitions, only 30,900 have self-destruct devices that would ensure a less than 1 percent so-called dud or unexploded failure rate. Those submunitions account for only 0.00004 percent of the U.S. total.
The Pentagon has stated that cluster bomblets with failure rates of more than 1 percent "will remain in the Department's inventory until used or until they have reached their extended life and are demilitarized."
That is pretty clear information that we are going to continue to use them. I think that is wrong.
In fact, by fiscal year 2011, the United States will still possess 480 million old cluster munitions with significant failure rates.
The latest Pentagon study on cluster bombs cite failure rates of 2 to 6 percent for the entire U.S. arsenal. Other studies, however, including one by the GAO, found failure rates as high as 16 percent. U.S. marines in Karbala, Iraq, in 2003 believe the failure rate in some places was as high as 40 percent.
But even if you accept the conservative estimate of the Pentagon report, if the United States used its entire arsenal of cluster bombs, we would leave 27 million unexploded bomblets somewhere in the world. And a 16-percent failure rate would equal 117 million unexploded bomblets, and a 40-percent failure rate would equal 300 million unexploded bomblets.
Where am I going with all this? Think about it. Three hundred million unexploded bomblets spread from Laos, Cambodia, Vietnam, Afghanistan, Iraq, southern Lebanon, wherever it may be, and those bomblets remain there decade after decade until somebody picks them up. And then that somebody is either killed or maimed for life.
I ask you: Is this the legacy we want to leave behind in Iraq and Afghanistan? Is this the legacy Israel wants to leave behind in Lebanon? Or is this the legacy anyone that manufactures and sells these munitions want to leave behind?
There are steps we can take to ensure a failure rate of less than 1 percent. And the Pentagon isn't going to do it. But at a cost of between $8 and $15, a self-destruct device can be added to cluster submunitions that destroy these munitions if, in fact, they survive intact.
The Pentagon has argued that adding this device is cost prohibitive. And it may well be.
The amendment of Senator Leahy and myself does not address this issue.
I would like simply to end by reading the amendment.
No funds appropriated or otherwise made available by this Act may be obligated or expended to acquire, utilize, sell, or transfer any cluster munition unless the rules of engagement applicable to the cluster munition ensure that the cluster munition will not be used in or near any concentrated population of civilians.
Is that too much to ask? That if you are going to use a cluster munition which spews bomblets for a half mile that you be certain these are not going to be used in a civilian area? I think the answer is clearly is no.
Sources: Ya Libnan, Senate.gov
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