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Cluster munitions

A cluster munition is an air-dropped or ground launched explosive weapon that releases or ejects smaller submunitions. Unexploded ordnance from cluster munitions can remain dispersed and undetected for decades, threatening the lives of civilians and hampering post-conflict reconstruction and development.

Convention on Cluster Munitions

On 3 December 2008 the Convention on Cluster Munitions was signed by over 90 countries, including the UK. The Convention prohibits the use, development, production, stockpiling, retention and transfer of cluster munitions. As of 15 November 2011. The Convention on Cluster Munitions had 111 Signatory States (of whom 65 countries have ratified or acceded to the Convention).

The Convention entered into force on the first day of the sixth month following the 30th ratification. On 16 February 2010 Burkina Faso and Moldova ratified the Convention, bringing the number of ratifications to 30. The Convention entered into force on 1 August 2010 for these first 30 countries.

On 25 March 2010 the UK's Cluster Munitions (Prohibitions) Act was passed. The Act implemented the Convention's prohibitions in UK law, thereby paving the way for UK ratification by the UK.

The Act comprehensively implemented in UK law the obligations set out in the Convention.

The Act prohibited activity including the use, stockpiling, production and transfer of cluster munitions from taking place within the UK, and by any UK national wherever they are. It also established appropriate penalties and enforcement mechanisms for these acts, of up to a 14 year prison sentence.

This legislation was passed quickly by Parliament, with no amendments, in a sign of the wide cross-party political support for the Convention. On 4 May 2010 the UK ratified the Convention, the 32nd country to do so. The Convention entered into force for the UK on 1 November 2010.

More details about the Act can be found on the Parliament website. See the text of the Cluster Munitions (Prohibitions) Act.

Stockpile destruction

Immediately upon signing the Convention in May 2008, the UK withdrew all cluster munitions from operational service. This represented some 38 million sub-munitions. The UK then began the active destruction of these stockpiles in anticipation of ratification.

To date nearly two thirds of these munitions have been destroyed – that is some 25 million sub-munitions. Under current plans it is our intention to destroy the remainder by the end of 2013 - 5 years ahead of the deadline imposed by the CCM. This represents an early and dedicated effort to realise, as quickly as possible, and in a safe, secure and environmentally responsible manner, our obligation to destroy munitions that are prohibited under the Convention.

We have shared the experience gained and lessons learnt from this stockpile destruction programme with other signatories.

International co-operation and assistance

The UK is also playing a full role in delivering on our Treaty obligations in regards to international cooperation and assistance. Between 2010 and 2013, the UK has committed more than £30million to mine action work.

This includes the clearance of unexploded ordnance, including cluster munitions, around the world. In addition to this we have allocated significant additional funding for mine action work in Afghanistan and Libya.

Provision of this assistance work is based on DfID’s mine action strategy: Creating a Safer Environment: Clearing Landmines and other Explosive Remnants of War. This Strategy consists of three main objectives:

  • To release land affected by explosive remnants of war to make a measurable contribution to the socio-economic development of affected communities.
  • To help governments take full responsibility for their National Mine Action Programmes.
  • and to improve value for money in mine action.

With this Strategy, and our £30 million of committed assistance funding, the UK is concentrating our support on those states in greatest need. As recognised in the Vientiane Action Plan agreed at the first meeting of states parties to the Convention on Cluster Munitions, the UK believes particular attention should be paid to the world’s least developed States.

Our Strategy therefore prioritises work according to countries’ socio-economic and development needs, the extent of the problem with mine and cluster munitions contamination, and the willingness of National Authorities to engage in mine action. For further details see the DFID website.

Universalising the CCM

Workshop on Commonwealth countries Universalising the Convention on Cluster MunitionsThe UK is fully committed to globalising the ban on cluster munitions. This is a government priority. We continue to promote the universalisation of the CCM during relevant bilateral meetings and in multilateral fora.

Most recently the UK hosted, in partnership with NGOs and the International Committee of the Red Cross, a universalisation workshop for Commonwealth countries opened by Foreign Office Minister Lord Howell.

First and Second Meetings of State Parties to the Convention on Cluster Munitions.

The 1st Meeting of States Parties to the Convention took place in Laos PDR from 8-12 November 2010, where the UK played a leading role in advancing this important treaty and in drawing up the Vientiane Action plan.

The objective of this Action Plan is to ensure effective and timely implementation of the provisions of the CCM following the First Meeting of States. The Plan sets out concrete and measurable steps, actions and targets to be completed within specific time periods and defines roles and responsibilities.

The actions are not legal requirements, but designed to assist States Parties and other relevant actors in their practical implementation of the Convention, and thus to support States Parties in meeting their obligations. With the adoption of this plan, states parties sent a strong message of their commitment to the rapid implementation of the Convention.

The 2nd Meeting of States Parties took place 13-16 September 2011.

The Meeting saw States Parties agree the Beirut Progress Report and the Beirut Declaration. The Beirut Progress report provides an analysis of trends and figures in the implementation of the Vientiane Action Plan (VAP) from its adoption in November 2010 up to the Second Meeting of States Parties (2MSP) in Beirut in September 2011.

The UK used the 2nd Meeting of States Parties to again re-iterate its full commitment to the CCM and set out the international cooperation and assistance work it was taking forward.

Discussions on Cluster Munitions in the Convention on Certain Conventional Weapons (CCW)

Although the CCM has a wide and expanding membership, some estimates suggest around 85-90% of the world’s stockpiles of cluster munitions are held by non-CCM States Parties and are therefore currently subject to no international restrictions or prohibitions.

Negotiations have been going on for a number of years in the Convention of Certain Conventional Weapons (CCW), with the aim of exploring whether a Protocol on Cluster Munitions could be agreed which was complementary to the Convention on Cluster Munitions.

These negotiations came to a head at the Fourth CCW Review Conference, which concluded on 26 November 2011. Negotiations on a cluster munitions Protocol to the CCW failed to produce agreement because of important differences of principle between the world’s major users and producers of cluster munitions, and some other CCW states. It not clear, at this moment, whether the CCW will return to this issue any time soon.