national law politics defence warpeace house believes us should ban use cluster

The international legal system already has many grey areas and often things that should be banned are not because of objections by certain countries despite their similarities to other items that are banned. A change regarding cluster bombs is not realistically going to make more people accept the international legal system.  Further, according to the exact wording of the 1997 ban on land mines, the ban exists for those items that exist to “Primarily” act as land mines. Cluster bombs act as landmines as a secondary effect and are not intended to do so. As such, it would be more inconsistent under the law to accept cluster bombs as landmines than it would be to ban them.5

Cluster Bombs Are Inconsistent With International Law  The international legal system is dependent on being robust and transparent in order for it to be respected by countries and states that accept it. The refusal by the U.S. to ban cluster bombs prevents the international community from doing the same within international law as the U.S. has enough political power that should it choose to ignore the law, the law itself is considered to be irrelevant.  In failing to ban cluster bombs the U.S. maintains an inconsistency within international law. Since dud cluster bombs effectively act as land mines for all intents and purposes, they are well hidden and cause indiscriminate damage, the fact that they aren’t banned is inconsistent with existing bans on land mines already. This inconsistency within international law makes the international legal system seem less credible, owing to contradictions as well as illustrating its weakness to the influence of the U.S. This makes it more difficult for countries to enforce the rules of the international legal system, such as preventing human rights violations because fewer countries will accept international law as being legitimate and will not agree to subject themselves to those rules.5

The U.S. is currently developing cluster bomb technology that will prevent cluster bombs from remaining armed over a long period of time. Given that the U.S. is a pioneer in this area, it knows more about the development of the technology than other countries that might have signed up to the treaty. If the efforts of the U.S. prove to be fruitful then their decision to avoid the ban will prove them as being the more politically shrewd of other liberal democracies.  Further, political status with other countries is unlikely to be entirely determined by treaties regarding cluster bombs. In fact these treaties are relatively minor and have almost no political affect by comparison to more pressing issues such as economics or other parts of international policy.7

Cluster Bombs Cause Unacceptable Harm to Civilians  In a modern warfare scenario, the vast majority of combat takes place in civilian areas, such as cities. Whilst cluster bombs are obviously not used for peacekeeping purposes they are used in initial assaults on these areas, particularly against larger formations of enemy troops. This means that due to the indiscriminate nature of cluster bombs, in the same way as with land mines, often both military and civilian targets are encompassed in the blast radius. This is what happened in Zagreb as Martic was targeting Croat forces but the attack due to the use of cluster weapons also killed civilians.  Further, cluster bombs often have a few bomblets which are duds and do not go on initial impact. The issue with bomblets is that they are often brightly coloured and when used in cities or populous areas they can often attract the attention of children who are very unlikely to know to be careful around them. This can result in significant harm to civilian populations well after the attack has been carried out.  Further, due to the sheer volume of duds that cluster bombs put out, attempts to demine cluster bomb bomblets is an incredibly dangerous process that in of itself costs lives.1,2,3

Cluster bombs, when used sensibly are used in uninhabited areas to take down military personnel. They are only intended for military targets and collateral damage when attacking military targets is something that is accepted as a regrettable problem in war.  Further, cluster bombs are simply a very effective weapon in battles between standing armies in most war. Given that cluster bombs help sides achieve victory quicker and with less resistance, they justify their use in the prevention of strife in the future by causing wars to end quickly as well as enabling assaults on well-defended sites to be performed more smoothly.  Due to their niche, cluster bombs will simply be replaced by the military with substitutes that are just as harmful.4

Rejecting the Ban on Cluster Bombs Hurts the international image of the U.S.  The U.S. is one of the only remaining Western Liberal democracies to allow the U.S. of cluster bombs. The continued refusal of the U.S. to tow the same line as fellow liberal democracies makes it look bad internationally; especially considering that one of the main instigators behind the cluster bomb ban is the U.K. traditionally a great ally of the U.S. politically.  The U.S. is often seen as the greatest representative of Western liberal democracy as it is the most economically powerful. Part of this political clout however, comes from the continued cooperation of other Western Liberal democracies with the U.S. in failing to the sign the cluster bomb treaty despite pressure from other countries, the U.S. fails in this capacity and loses the support of the countries that it relies on to maintain its political status.  Moreover, given that the U.S. currently does not help with demining work, this further worsens relationships with other countries.6

The improvement of cluster bombs in the way that opposition describes has not happened yet and these bombs have not been deployed. It would be fairly easy to class these new cluster bombs differently to older models should they come into effect.  However, the potential for new types of cluster bombs does not mean that the older types are any less inhumane. A ban on cluster bombs could easily exist to simply encompass older models whilst leaving newer ones alone.11

Cluster bombs are an ineffective weapon that often deal more damage to the side deploying the weapons than their opponents. Given modern warfare scenarios, the need for cluster bombs is not great given that in asymmetric warfare the conflict will be over relatively quickly, owing to the massive level of firepower that the West and its allies can bring against the targets that they attack, often dictators only in control of militarily weak countries. Dud cluster bombs harm any occupation following invasion and warm by harming troops that happen to stumble across them as well as harming demining personnel. This prevents effective occupation in the long run and costs lives through preventing the armed forces from achieving stability in the region as quickly.9

The Ban is Unfeasible  The problem with the ban on cluster bombs is that it is unfeasible in the prevention of the use of cluster bombs on the battlefield. Many countries aside from the U.S. will continue to use the weapons and will likely do so less responsibly. There is no way to persuade these countries to abandon the weapons. Countries such as China and the US are unconcerned by threats that their use can be a crime against humanity and might result in international criminal prosecutions as they are not signed up to the ICC and as Security Council members can prevent investigations of themselves or their clients.  The U.S. and Western powers continuing to manufacture cluster bombs allows them to engage with the other users of cluster bombs on the battlefield. Many countries import weapons from Western powers and as such, continuing the manufacture of cluster bombs allows Western powers to keep a check on their use by other countries.  Further, the ability for Western powers to use cluster bombs allows Western powers to discourage their use on the battlefield through the threat of retaliation with the same weaponry. As such, banning the weapons could cost the lives of soldiers on the battlefield.8

This House Believes That the U.S. Should Ban The Use of Cluster Bombs  Currently the U.S. is working on improving the reliability of cluster bombs. The weakness of cluster bombs, being that the bomblets often do not explode is something that U.S. military has understood for a long time. It is inefficient for the military to allow this problem to continue. As such a large amount of military funding goes into improving cluster bombs.  The U.S. is hoping to improve cluster bombs in two ways, the first is ensuring that when the cluster bombs are deployed that all bomblets explode on impact or explode very quickly after the initial barrage. However, the U.S. is also working on technology that would allow bomblets to disarm themselves after a short period of time, hence preventing accidental discharges in the future.  If these improvements work, then cluster bombs cease to cause civilian damage and will likely be an incredibly effective tool in warfare. Hence a ban on them when this technology is being deployed is premature.10

Cluster Bombs Have Significant Strategic Value  As mentioned earlier in the opposition counter arguments, cluster bombs are incredibly effective at dealing with large formations of troops and armoured vehicles and can cause a significant amount of damage to an opposing force in a relatively small amount of time. This niche is not filled as cheaply or as easily by other weapons that can be released from a bombing aircraft. As such cluster bombs have a significant level of military and strategic value when used in conflict.  In the case where cluster bombs were banned, it would simply fall to the military to find an effective replacement weapon for these scenarios and it is likely that these would be as problematic if not more so.8

Whilst the ban prevents engagement with countries that use cluster bombs, it also limits the supply of cluster bombs to these countries significantly. The West ceasing the manufacture of cluster bombs means that many countries will cease being able to get their through second or third hand sources. Whilst the Chinese might be able to fill the gap, their cluster bomb technology is not on the same level as that of the West and as such the lack of reliability with the Chinese weaponry will cause fewer countries to employ the use of cluster bombs on the battlefield.  Further, the ban on cluster bombs by Western countries sends out a strong moral message that many other smaller countries are likely to obey and follow. With the US accepting the ban international prosecution, or potentially even sanctions is considerably more likely. The U.S. holding out however, shows the West to be divided on the topic and as such prevents other countries that might be better off from banning them owing to their fear of indecision in the West.6