Cluster munitions timeline (another timeline starts below)

Approximately 370 million cluster submunitions were used in Southeast Asia during wars between 1947 and 1979. That led to a small campaign by 12 States to prohibit anti-personnel cluster munitions, according to Peter Herby, head of the arms unit at the International Committee for the Red Cross (ICRC). "That was the first proposal for limitation of cluster munitions", he said. "It was inconclusive. http://www.gulfnews.com/world/General/10264063.html cluster of hope..

1976 ICRC conference in Lugano: 13 states discuss CMs but fail to get much progress as user states fail to sign on to the Lugano statement & no ref to failure rates 1980: Led ult to the CCW, which was signed in 1980 by 51 states Issue kept alive by Mennonite Central Committee, MAG in Laos & HRW December 1983: CCW enters into force applied only to incendiary weapons, mines and booby-traps, and weapons intended to cause casualties through very small fragments (US CRS report to Congress, July 2008) 1991 30m submunitions dropped during Gulf War, but not much media coverage 1999 Also major use & casualties in Kosovo outcry 2000; ERW put on agenda at 2000 ICRC meeting 2001 major use & casualties in Afghanistan outcry Post-Afghanistan: Euro Parl came out for a moratorium Dec 2001: 2nd Review Conference of the CCW - ICBL issued statement at final plenary calling for CM moratorium (had been worries before that this could detract from support for APM ban, so only HRW & MCC had been working on it, but eventually decided not ack the prob wd undermine landmine ban as so similar) November 2003: Protocol V to the CCW (ERW) - HRW called for new protocol specifically on CMs CCW failed to agree this = reason why OP launched - At time HRW wanted new protocol to deal with technical reliability issues & targeting & use issues - Sought ban on unreliable & inaccurate submunitions & their destruction - So targeting specific types of CMs rather than all CMs (all from Collins, 2006 October 2004: European Parliament adopted a resolution calling for an immediate moratorium on the use, stockpiling, production, and transfer or export of cluster munitions until an international agreement has been negotiated on their regulation, restriction, or prohibition. (HRW: Production & Export, 2005 p8)
2005

2005: Norway committed to work towards a ban (Collins, 2006: 5n31) - Still the only state to commit to ban by 2006 Nash article! P390 March 2005

Germany announced it will not use cluster munitions that have a dud rate of greater than one percent and will not use those without the capacity to selfdestruct or self-neutralize France announced it destroyed its entire stock of BL-66 Belouga bombs between 1996 and 2002. The Belouga bomb was used by France in Iraq and Kuwait in the 1991 Persian Gulf War. Poland reported that its residual stockpile of unspecified types of cluster bombs is no longer in service. (HRW: Production & Export, 2005 p8) By April 2005 Denmark, Germany, Norway, Poland, South Africa, Switzerland, United Kingdom, and the United States had all announced national policies for the future procurement of cluster munitions that establish a minimum submunition reliability rate US said should not procure CMs with failure rate of >1% UK announced would implement a similar policy to Germany by 2015 Belgium, Germany, and Switzerland have withdrawn from service BL-755 bombs (used by UK in Iraq) (HRW: Production & Export, 2005 p8) February 2006 Belgium 1st country to ban cluster bombs http://www.clusterbombs.org.uk/your-countrys-position/key-dates/ (15/5/08) MSP of Protocol V June 2006 Australia & Norway declare moratorium on use (Nash, 2006: 39) July 2006: Israel uses CMs in Lebanon war (mostly towards end of war in August war 12 July-14 August) HRW accuses Hezbollah of using CMs on information from Israeli gvt, Hezbollah denies need to check this Austrian parliament passes a resolution calling for a ban on CMs with high failure rates

August 2006: Germany says will stop using 2 types of CMs with failures >1%; will not procure any more & exam alts resolution passed in parl in September (HRW, 2007: 4) 5 countries pushing for a ban at this stage (Peter Herby, ICRC cited in http://www.gulfnews.com/world/General/10264063.html cluster of hope) 6 September 2006 Senate amendment defeated by 70 votes to 30 Obama, Kerry, Kennedy voted for, Clinton & Biden against - no Republicans voted for it SA 4882. Mrs. FEINSTEIN (for herself and Mr. LEAHY) submitted an amendment intended to be proposed by her to the bill H.R. 5631, making appropriations for the

Department of Defense for the fiscal year ending September 30, 2007, and for other purposes; as follows: At the end of title VIII, add the following: Sec. 8109. No funds appropriated or otherwise made available by this Act my 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. October 2006: - Lux parl calls on gvt to join campaign - Also parl initiatives in Denmark, France, Germany, Italy, Netherlands, Spain, Sweden, Switzerland, the United Kingdom, and the United States. November 2006 Nov 7-17 2006: 3rd RC of the CCW seen as failing to address CMs ends in call by 30 states for a legallybinding instrument that addresses the humanitarian concerns posed by cluster munitionsat that stage http://www.stopclustermunitions.org/dokumenti/dokument.asp?id=125 (15/5/08) Call rejected by China, Russia, UK & US in favour of a weak mandate to cont focus on ERW with focus on CMs HRW, 2007: 3) Pro-ban states called for ban on use within concentrations of civilians,, ban CMs that pose serious humanitarian hazards because they are for example unreliable and/or inaccurate, and require destruction of stockpiles of such cluster munitions (HRW, 2007: 3-4) Norway announces it will start independent process (HRW, 2007: 4) Cambodia joins coalition UK Cluster Munitions Prohibition Bill introduced in HoC: excludes containers w sensor fuzed submunitions which autonomously detect and engage military targets and which self-destruct, selfdeactivate or self neutralise. (HRW, 2007: 59) November 12 2006: Protocol V enters into force Oslo Process February 2007 14th: Senators Dianne Feinstein and Patrick Leahy introduce the Cluster Munitions Civilian Protection Act of 2007 in the senate. If passed, this legislation will cut off US funds for the use, sale, or transfer of cluster munitions that have a dud rate greater than 1 percent. The bill also specifies that cluster munitions with a dud rate of less than 1 percent can only be used against clearly defined military targets and cannot be used near civilian populations - has been referred to the Committee on Foreign Relations

22-23rd: lst meeting of the Oslo Process in Oslo - 49 states attend at call of Norwegian FM Jonas Gahr Stre to sign a new treaty in 2008 - but only 46 agree to ban CMs - Leading states: Norway, Austria, Ireland, Mexico, New Zealand and Peru. http://www.stopclustermunitions.org/dokumenti/dokument.asp?id=125 (15/5/08) document now gone from website - UK also signed up in February 2007 http://www.clusterbombs.org.uk/our-fight/inthe-uk/ - Japan, Romania & Poland attend but dont sign the final declaration - By this stage there were 30 states party to CCW Protocol V: Albania, Australia, Bulgaria, Croatia, Czech Republic, Denmark, El Salvador, Estonia, Finland, France, Germany, Holy See, Hungary, India, Ireland, Liberia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Nicaragua, Norway, Sierra Leone, Slovakia, Spain, Sweden, Switzerland, Tajikistan, and Ukraine. (HRW, 2007: 5) March 2007 Cluster Munitions Civilian Protection Act of 2007 introduced in US House of Representatives - referred to House Armed Services Subcommittee on Readiness on April 18th - UK announced that it will cease the use of dumb cluster munitions. The Government however has said that it will retain the option to use smart cluster bombs, such as M85 bombs, used in large numbers in Lebanon in 2006 http://www.clusterbombs.org.uk/our-fight/in-the-uk/ May 2007 2nd Oslo Process conference in Lima - 27 new states joined - Hungary announced moratorium - Peru SA Cluster Munition FreeZone initiative http://www.stopclustermunitions.org/dokumenti/dokument.asp?id=125 (15/5/08) June 2007: US drops opposition to including CMs in CCW (US CRS report to Congress, July 2008) September 2007 Costa Rica: Regional LA & Caribbean Meeting December 2007 3rd Oslo Process conference in Vienna US amendment bans export of CMs til September 2008 with failure rate of >1% = effective moratorium on exports amendment to BILL (H.R. 2764) MAKING APPROPRIATIONS FOR THE DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2008; (b) CLUSTER MUNITIONS- During the current fiscal year, no military assistance shall be furnished for cluster munitions, no defense export license for cluster munitions may be issued, and no cluster munitions or cluster munitions technology shall be sold or transferred, unless--

(1) the submunitions of the cluster munitions have a 99 percent or higher tested rate; and (2) the agreement applicable to the assistance, transfer, or sale of the cluster munitions or cluster munitions technology specifies that the cluster munitions will only be used against clearly defined military targets and will not be used where civilians are known to be present. February 2008 final OP meeting in Wellington where states endorsed Wellington Declaration which incl draft treaty - 120 states attend - Some 41 of 76 nations which are major holders of cluster bomb stocks are reported to be
attending the talks. (BBC)

April 2008 16-17th: Regional Conference for LA & the Carribbean, Mexico - Bolivia, ES, Nicaragua, Panama & Venezuela for 1st time all said will take pt http://www.stopclustermunitions.org/news.asp?id=126 (15/5/08) - Granada, Jamaica, St. Kitts & Nevis all said theyd push their gvts to support - Colombia reticent only wants to observe http://www.stopclustermunitions.org/news.asp?id=132 (15/5/08) - took strong stand pro-VA even tho unaffected themselves - however wd not have to pay costs as did not cause problem? http://www.stopclustermunitions.org/news.asp?id=126 (15/5/08) 24-25 April 2008: Meeting of SEA states in Bangkok wks before Dublin - ICRC invited CMC to attend http://www.stopclustermunitions.org/news.asp? id=133 (15/5/08)
May 2008 By 6th May: 105

states have signed the Wellington Declaration http://www.clusterprocess.org/ (15/5/08)

Dublin conference 107 countries agreed to sign August 2008 Russia and Georgia use CMs in war July 2008 US DoD publishes new policy on CMs - will phase out CMs with dud rate of > 1% by 2018 - stop exporting those type by then (although export moratorium currently exists) in meantime will seek assusrances from receiving states that they will not use these type of CMs after 2018 & US forces using them will have to seek specia1 comman permission - after 2018 will only use & export CMs with a dud rate of <1%# September 2008 1st -5th: CCW considered CMs November 2008

2nd round of CCW meetings to consider whether to negotiate a protocol on CMs failed to agree

Proposals under discussion would have given countries 13 to 20 years to phase out some cluster munitions, while allowing them to use, produce, stockpile and trade the rest, activists said.
http://www.javno.com/en/world/clanak.php?id=203900 main users fail to agree pact December 2008 2nd-4th Signing conference in Oslo 107 states have pledged to sign - Japan is signing

United States, Russia, China, Israel, India, Pakistan, Finland, Turkey, Egypt, Romania, Slovakia & Poland are not 18/26 NATO members signing

Timeline 2
1976 ICRC conference in Lugano: 13 states discuss CMs but fail to get much progress as user states fail to sign on to the Lugano statement & no ref to failure rates Led ult to the CCW in 1980 Issue kept alive by Mennonite Central Committee, MAG in Laos & HRW Use in Gulf War, Kosovo & Afghanistan 30m submunitions dropped during Gulf War, but not much media coverage Also major use & casualties in Kosovo & Afghanistan outcry Post-Afghanistan: Euro Parl came out for a moratorium So what had changed since the Gulf War? The link between renewed interest in cluster munitions and the international success of the APM ban campaign is unmistakable. The ICBL and Ottawa Convention had highlighted the unacceptability of weapons detonated by innocent victims either directly (death and injury) or indirectly (socioeconomically). All weapon use after the Ottawa Convention bears a new level of scrutiny.21 For many campaigners, this was the best possible result. ERW put on agenda at 2000 ICRC meeting 2nd Review Conference of the CCW December 2001 final plenary RC of CCW: ICBL issued statement calling for CM moratorium (had been worries before that this could detract from support for APM ban, so only HRW & MCC had been working on it, but eventually decided not ack the prob wd undermine landmine ban as so similar) November 2003 Protocol V to the CCW (ERW) Inadequate because: Hardly anything agreed on preventing UXO all re post-conflict remediation No agreed failure rates, bans on certain fuses or old weapons Only measure of prevention: Each High Contracting Party is encouraged to take generic preventive measures aimed at minimising the occurrence of explosive remnants of war and Each High Contracting Party may, on a voluntary basis, exchange information related to efforts to promote and establish best practices (emphasis added)

HRW at time called for new protocol specifically on CMs CCW failed to agree this = reason why OP launched At time HRW wanted new protocol to deal with technical reliability issues & targeting & use issues Sought ban on unreliable & inaccurate submunitions & their destruction So targeting specific types of CMs rather than all CMs (all from Collins, 2006) As of February 16, 2007, there were 30 states party to CCW Protocol V: Albania, Australia, Bulgaria, Croatia, Czech Republic, Denmark, El Salvador, Estonia, Finland, France, Germany, Holy See, Hungary, India, Ireland, Liberia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Nicaragua, Norway, Sierra Leone, Slovakia, Spain, Sweden, Switzerland, Tajikistan, and Ukraine. (HRW, 2007: 5) October 2004: Euro Parl Resolution calls for moratorium on CMs til intl agreement 2005: Norway committed to work towards a ban (Collins, 2006: 5n31) Still the only state to commit to ban by 2006 Nash article! P39 Feb 2006: Belgium 1st country to ban cluster bombs http://www.clusterbombs.org.uk/your-countrys-position/key-dates/ (15/5/08) MSP of Protocol V March 2006 (just after Belgian ban) Australia & Norway (June) declare moratorium on use 2006 (Nash, 2006: 39) July 2006: Austrian parliamanent passes a resolution calling for a ban on CMs with high failure rates August 2006: Germany says will stop using 2 types of CMs with failures >1%; will not procure any more & exam alts resolution passed in parl in September (HRW, 2007: 4) October 2006: Lux parl calls on gvt to join campaign Also parl initiatives in Denmark, France, Germany, Italy, Netherlands, Spain, Sweden, Switzerland, the United Kingdom, and the United States. Nov 2006: Cambodia joins coalition November 2006: UK Cluster Munitions Prohibition Bill introduced in HoC: excludes containers w sensor fuzed submunitions which autonomously detect and engage military targets and which self-destruct, selfdeactivate or self neutralise. (HRW, 2007: 59) November 12 2006: Protocol V enters into force CCW 3rd Review Conference Nov 7-17 2006: 3rd RC of the CCW seen as failing to address CMs ends in call by 30 states for a legally-binding instrument that addresses the humanitarian concerns posed by cluster munitionsat that stage http://www.stopclustermunitions.org/dokumenti/dokument.asp?id=125 (15/5/08) Call rejected by China, Russia, UK & US in favour of a weak mandate to cont focus on ERW with focus on CMs (HRW, 2007: 3) Pro-ban states called for ban on use within concentrations of civilians,, ban CMs that pose serious humanitarian hazards because they are for example unreliable and/or inaccurate, and require destruction of stockpiles of such cluster munitions

(HRW, 2007: 3-4) Norway announces it will start independent process (HRW, 2007: 4) Oslo Process Feb 22-23 2007: 46 gvts met in Oslo at call of Norwegian FM Jonas Gahr Stre to sign a new treaty in 2008 Leading states: Norway, Austria, Ireland, Mexico, New Zealand and Peru. http://www.stopclustermunitions.org/dokumenti/dokument.asp?id=125 (15/5/08) document now gone from website February 14, 2007 Senators Dianne Feinstein and Patrick Leahy introduce the Cluster Munitions Civilian Protection Act of 2007. If passed, this legislation will cut off US funds for the use, sale, or transfer of cluster munitions that have a dud rate greater than 1 percent. The bill also specifies that cluster munitions with a dud rate of less than 1 percent can only be used against clearly defined military targets and cannot be used near civilian populations has been passed I think exports definitely banned. UK also signed up in February 2007 http://www.clusterbombs.org.uk/our-fight/in-theuk/ March 2007, the UK announced that it will cease the use of dumb cluster munitions. The Government however has said that it will retain the option to use smart cluster bombs, such as M85 bombs, used in large numbers in Lebanon in 2006. 2nd conference Lima, Peru May 2007: 27 new states joined Hungary announced moratorium Peru SA Cluster Munition FreeZone initiative http://www.stopclustermunitions.org/dokumenti/dokument.asp?id=125 (15/5/08) Regional LA & Caribbean Meeting September 2007 Costa Rica 3rd Conference Vienna 4-7 December 2007 18- 22 Feb 2008: final OP meeting in Wellington where states endorsed Wellington Declaration which incl draft treaty 16-17 April 2008: Regional Conference for LA & the Carribbean, Mexico Bolivia, ES, Nicaragua, Panama & Venezuela for 1st time all said will take pt http://www.stopclustermunitions.org/news.asp?id=126 (15/5/08) Granada, Jamaica, St. Kitts & Nevis all said theyd push their gvts to support Colombia reticent only wants to observe http://www.stopclustermunitions.org/news.asp?id=132 (15/5/08) took strong stand pro-VA even tho unaffected themselves however wd not have to pay costs as did not cause problem? http://www.stopclustermunitions.org/news.asp?id=126 (15/5/08) 24-25 April 2008: Meeting of SEA states in Bangkok wks before Dublin ICRC invited CMC to attend

http://www.stopclustermunitions.org/news.asp?id=133 (15/5/08) 105 states have signed the Wellington Declaration as of 6 May http://www.clusterprocess.org/ (15/5/08)