A treaty ostensibly banning cluster munitions was recently agreed in Dublin by over a hundred states. There is no doubt that cluster munitions are an appalling weapon. They are often used to carpet bomb civilians and leave behind large amounts of unexploded bomblets to kill and maim years after a war has ended. Unfortunately the Cluster Munitions Convention is ludicrously flawed.
The main source of the problem is the US. It dropped almost 400 million bomblets over Cambodia, Laos and Vietnam – more than the rest of the world put together has ever used, and in more recent years has unleashed them on Kosovo, Iraq and Afghanistan. However the US, along with most other relevant states, such as Israel, Russia and China, did not attend the negotiations. By contrast, many of the states pushing the treaty do not produce cluster bombs and have never used them. These include Ireland, the Vatican and Costa Rica - which doesn’t even have an army
It is true that some producers and users have joined, but at the price of an exemption allowing them to continue “military cooperation” with non-participating states. Although they are barred from “expressly requesting” the use of cluster munitions by other states, this only applies if the choice of weapons is in their “exclusive control” - which of course it never would be in a joint operation. This outrageous loophole means that while the UK and France can’t use their own cluster bombs anymore, they can ask the US to use theirs (while continuing to use every other vile weapon in their arsenal of course). This exemption belies supporters’ laughable claims that the treaty establishes a taboo against cluster munitions which will prevent the US from using them, as if it does why did US allies insist on it?
Further weaknesses include a stockpile destruction period of eight years, after which states can apply for extensions - as many times as they like! Even if governments destroy their stockpile, the result will simply be a windfall for the arms industry – both from destroying the weapons it sold to governments in the first place and from developing alternatives.
Despite all this the treaty was greeted by an orgy of mutual back-slapping among diplomats and civil society representatives - for which read a naïve do-gooding elite paid handsomely to “speak for the poor” and beg on their behalf for crumbs of charity from the tables of power. Its chief real impact will be a minor legitimacy boost for the status quo.