Download PDF - Landmine and Cluster Munition Monitor
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<strong>Cluster</strong> <strong>Munition</strong> <strong>Monitor</strong> 2012<br />
• According to a December 2008 cable, Germany has engaged with the United States on the matter of cluster<br />
munitions that may be stockpiled by the US in Germany. 222 Germany has yet to publicly express clear views<br />
on the convention’s prohibition on foreign stockpiling of cluster munitions.<br />
• In a November 2008 cable, the US identified Italy, Spain, <strong>and</strong> Qatar as states of particular concern with<br />
respect to interoperability since “they are states in which the US stores cluster munitions,” even though apparently<br />
Qatar “may be unaware of US cluster munitions stockpiles in the country.” 223 Spain reported in 2011<br />
that it is in the process of informing states not party with which it cooperates in joint military operations of its<br />
international obligations with respect to the prohibition of storage of prohibited weapons on territory under<br />
its jurisdiction or control. 224<br />
• A December 2008 cable states that Japan “recognizes U.S. forces in Japan are not under Japan’s control <strong>and</strong><br />
hence the GOJ cannot compel them to take action or to penalize them.” 225 Japan maintains that US military<br />
bases in Japan are under US jurisdiction <strong>and</strong> control, so the possession of cluster munitions by US forces does<br />
not violate the national law or the convention.<br />
• According to a cable detailing the inaugural meeting on 1 May 2008 of the “U.S.-Israeli <strong>Cluster</strong> <strong>Munition</strong>s<br />
Working Group (CMWG),” until US cluster munitions are transferred from the War Reserve Stockpiles for<br />
use by Israel in wartime, “they are considered to be under U.S. title, <strong>and</strong> U.S. legislation now prevents such<br />
a transfer of any cluster munitions with less than a one percent failure rate.” 226<br />
• According to a May 2007 cable, the US may store clusters munitions in Kuwait. 227<br />
Disinvestment<br />
A number of states <strong>and</strong> the CMC believe that the convention’s Article 1 prohibition on assistance with prohibited acts<br />
constitutes a prohibition on investment, both direct <strong>and</strong> indirect, in the production of cluster munitions.<br />
Six states have enacted legislation that explicitly prohibits investment in cluster munitions: Belgium (2007), Irel<strong>and</strong><br />
(2008), Italy (2011), 228 Luxembourg (2009), New Zeal<strong>and</strong> (2009) <strong>and</strong> Switzerl<strong>and</strong> (2012). All are States Parties to the<br />
Convention on <strong>Cluster</strong> <strong>Munition</strong>s.<br />
Legislative developments concerning disinvestment in the second half of 2011 <strong>and</strong> first half of 2012 included:<br />
• Australia’s draft implementation legislation does not include specific measures to prohibit investment in cluster<br />
munition production, but the government has acknowledged that prohibited conduct would include where<br />
a person “invests in a company that develops or produces cluster munitions, but only where that person intends<br />
to assist, encourage or induce the development or production of cluster munitions by that company.” 229<br />
• Canada’s draft implementation legislation does not contain a specific prohibition on investment in the production<br />
of cluster munitions, but according to a senior government official, “an investment that is executed with<br />
the knowledge <strong>and</strong> intention that it will encourage or assist cluster munitions production would be captured<br />
by the legislation’s prohibition on aiding <strong>and</strong> abetting any primary offence.” 230<br />
222<br />
A US cable dated 2 December 2008 citing a discussion between US officials <strong>and</strong> Gregor Koebel, then-head of the Conventional Arms Control<br />
Division of the German Federal Foreign Office, states “Koebel stressed that the US will continue to be able to store <strong>and</strong> transport CM in<br />
Germany, noting that this should be of ‘no concern whatsoever to our American colleagues.’” “MFA gives reassurances on stockpiling of<br />
US cluster munitions in Germany,” US Department of State cable 08BERLIN1609 dated 2 December 2008, released by Wikileaks on 1<br />
September 2011. http://www.cablegatesearch.net/cable.phpid=08BERLIN1609&q=cluster%20munitions. See also “Demarche to Germany<br />
Regarding Convention on <strong>Cluster</strong> <strong>Munition</strong>s,” US Department of State cable 08STATE125631 dated 26 November 2008, released by<br />
Wikileaks on 1 September 2011. http://www.cablegatesearch.net/cable.phpid=08STATE125631&q=cluster%20munitions.<br />
223<br />
The cable states, “Rome should note that cluster munitions are stored at Aviano <strong>and</strong> Camp Darby.” “Demarche to Italy, Spain <strong>and</strong> Qatar<br />
Regarding Convention on <strong>Cluster</strong> <strong>Munition</strong>s,” US Department of State cable 08STATE125632 dated 26 November 2008, released by<br />
Wikileaks on 30 August 2011. http://www.cablegatesearch.net/cable.phpid=08STATE125632&q=cluster%20munitions.<br />
224<br />
Spain, Convention on <strong>Cluster</strong> <strong>Munition</strong>s Article 7 Report, Forms A <strong>and</strong> J, 27 January 2011.<br />
225<br />
“Consultations with Japan on implementing the Oslo convention on cluster munitions,” US Department of State cable 08TOKYO3532 dated 30<br />
December 2008, released by Wikileaks on 1 September 2011. http://www.cablegatesearch.net/cable.phpid=08TOKYO3532&q=cluster%20munitions.<br />
226<br />
“<strong>Cluster</strong> munitions: Israeli’s operational defensive capabilities crisis,” US Department of State cable dated 18 April 2008, released by<br />
Wikileaks on 1 September 2011. http://www.cablegatesearch.net/cable.phpid=08STATE41023&q=cluster%20munitions.<br />
227<br />
The cable contains the text of a message sent from a US military advisor to UAE authorities concerning a transfer of “ammunition immediately<br />
via US Air Force aircraft from Kuwait stockpile to Lebanon.” With respect to the items to be transferred, the cable states: “The United States<br />
will not approve any cluster munitions or white phosphorus.” See “Follow-up on UAE response to Lebanese request for emergency aid,” US<br />
Department of State cable 07ABUDHABI876 dated 24 May 2007, released by Wikileaks on 1 September 2011. http://www.cablegatesearch.<br />
net/cable.phpid=07ABUDHABI876&q=cluster%20munitions.<br />
228<br />
Law No. 95 bans financial assistance to anyone for any act prohibited by the convention, a provision that supports a ban on investment in the<br />
production of cluster munitions. However, the Italian Campaign to Ban <strong>L<strong>and</strong>mine</strong>s has advocated for a separate, more detailed law.<br />
229<br />
Attorney-General Robert McClell<strong>and</strong>, Second Reading of Criminal Code Amendment (<strong>Cluster</strong> <strong>Munition</strong>s Prohibition) Bill 2010, 27 October<br />
2010. Hansard, 27 October 2010, p.1755.<br />
230<br />
Email from John MacBride, Senior Defence Advisor, non-Proliferation <strong>and</strong> Disarmament Division, Foreign Affairs <strong>and</strong> International Trade<br />
Canada, to Mary Wareham, Human Rights Watch, 9 July 2012.<br />
38
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