Biden to Send Cluster Munitions, Banned by 120+ Countries, to Ukraine.
President Biden has approved the provision of U.S. cluster munitions for Ukraine, with drawdown of the weapons from Defense Department stocks due to be announced Friday.
The move, which will bypass U.S. law prohibiting the production, use or transfer of cluster munitions with a failure rate of more than 1 percent, comes amid concerns about Kyiv’s lagging counteroffensive against entrenched Russian troops and dwindling Western stocks of conventional artillery.
It follows months of internal administration debate over whether to supply the controversial munitions, which are banned by most countries in the world.
Cluster weapons explode in the air over a target, releasing dozens to hundreds of smaller submunitions across a wide area.
More than 120 countries have joined a convention banning their use as inhumane and indiscriminate, in large part because of high failure rates that litter the landscape with unexploded submunitions that endanger both friendly troops and civilians, often for decades after the end of a conflict. The United States, Ukraine and Russia — which is alleged to have used them extensively in Ukraine — are not parties to the convention. Eight of NATO’s 31 members, including the United States, have not ratified the convention.
The principal weapon under consideration, an M864 artillery shell first produced in 1987, is fired from the 155mm howitzers the United States and other Western countries have provided Ukraine. In its last publicly available estimate, more than 20 years ago, the Pentagon assessed that artillery shell to have a “dud” rate of 6 percent, meaning that at least four of each of the 72 submunitions each shell carries would remain unexploded across an area of approximately 22,500 square meters — roughly the size of 4½ football fields.
“We are aware of reports from several decades ago that indicate certain 155mm DPICMs have higher dud rates,” said a defense official, one of seven Pentagon, White House and military officials who spoke on the condition of anonymity to discuss the sensitive decision. The defense official used the acronym for Dual Purpose Improved Conventional Munitions.
The Pentagon now says it has new assessments, based on testing as recent as 2020, with failure rates no higher than 2.35 percent. While that exceeds the limit of 1 percent mandated by Congress every year since 2017, officials are “carefully selecting” munitions with the 2.35 percent dud rate or below for transfer to Ukraine, Pentagon spokesperson Brig. Gen. Patrick Ryder said Thursday.
The defense official said details of the new assessments were “not releasable,” including how, when and where the tests were done, and whether they included actual firing exercises or virtual simulations. Military manuals say these weapons cannot be fired in training because they are part of war reserve stockpiles.
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