Silence is Consent: The Cluster Munition Coalition Urges Global Leaders to Speak out against Continuing Cluster Munition Transfers

On 24 April 2024, the United States announced yet another decision to transfer cluster munitions to Ukraine, leading to outcry by the Cluster Munition Coalition (CMC) and its member organizations, including the US Cluster Munition Coalition (USCMC), but regrettable silence by others, notably States Parties. The USCMC expressed profound dismay, stating, 'The US Cluster Munition Coalition is appalled by President Biden’s decision to again transfer internationally prohibited cluster munitions to Ukraine. We have condemned the four previous transfers of these weapons since July of 2023, and it is dismaying to condemn such an action for the fifth time.'

In Ukraine, ongoing use of the cluster munitions by Russia and Ukraine already caused over 900 casualties in 2022, and the inevitable contamination from unexploded submunitions will cause additional harm to civilians for decades to come. According to the Cluster Munition Monitor Russia has used cluster munitions extensively since its invasion of Ukraine in February 2022. And while initially denying any use of cluster munitions, Ukrainian officials has since begun requesting these weapons, prompting the controversial series of U.S. transfers of cluster munitions to Ukraine since July 2023, with the latest (fifth) transfer approved on 24 April 2024.

States Parties collectively condemned cluster munition use, as well as the “facilitation of use” – including transfers - at the annual Meeting of States Parties last September, expressing "grave concern" over their civilian impact, especially in Ukraine. Yet more action is needed. Since the first transfer in July 2023, each subsequent transfer has been met with less and less public condemnation from the international community, leading to a quasi-normalization of the situation. Such silence can be read as consenting to the transfers and undermines efforts to bring them to a halt.

ICBL-CMC Director Tamar Gabelnick expressed deep concern about this silence among States Parties, noting, 'As part of their duty to promote the norms and principles of the Convention on Cluster Munitions, States Parties have a responsibility to speak out against the continued use of these weapons and any action that facilitates their use, including transfers. Without concerted pressure from States Parties, the objective of ending the use of these indiscriminate weapons will remain unattainable.'

The CMC calls on States Parties to condemn unequivocally these transfers. 'A lack of action on these transfers by States Parties defies the spirit of the Convention and disregards States Parties’ commitments made under Action 11 of the Lausanne Action Plan. As long as silent consent persists, the scourge of these indiscriminate weapons will continue to inflict devastating harm on innocent lives,' Ms. Gabelnick added.

Cluster munitions were banned under the 2008 Convention on Cluster Munitions because of the unacceptable harm they pose to civilians, both at the time of use and for many long years afterwards. Casualties are mostly civilians, with 71% of recorded 2022 casualties from these weapons remnants being children. The CMC calls for a renewed global commitment to rid the world of these weapons once and for all, and for all countries to join the Convention without delay.