DEMARCHE: NEW U.S. POLICY ON CLUSTER MUNITIONS

UNCLAS STATE 073923

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PARM PREL MOPS KPOA NATO
SUBJECT: DEMARCHE: NEW U.S. POLICY ON CLUSTER MUNITIONS


1. (U) This is an action request. See para 3.


2. (SBU) Summary: The Secretary of Defense approved a
new U.S. DoD Policy on Cluster Munitions on June 19 that
expands on the policy established by Secretary Cohen in

2001. This new policy incorporates additional ways to
address humanitarian concerns posed by cluster munitions
while protecting an important military capability. The
policy will be formally announced in Washington D.C. on
July 9. Action addressee posts are requested to deliver
the paper below (para 6) to host governments after OOB
Washington time on July 9. End Summary.

OBJECTIVES


3. (SBU) Department requests Embassy pursue the
following objectives with host government (HG) Ministries
of Defense (MOD) and Foreign Affairs (MFA):

-- Inform host government of the approval of the new
Department of Defense Policy on cluster munitions.

-- Provide details on the new policy (see paper in para.
6),noting that the U.S. delegation to the Convention on
Conventional Weapons will be able answer questions
regarding this policy.

-- Reiterate U.S. support for the on-going negotiations
on cluster munitions within the framework of the
Convention on Conventional Weapons. (A negotiating
session is currently taking place in Geneva, having
started July 7 and ending July 25.)

BACKGROUND


4. The Secretary of Defense has approved a new policy
on cluster munitions, the result of a year-long review
process by the Department of Defense to develop
recommendations on ways to address humanitarian concerns
presented by these weapons while preserving an important
military capability.


5. Negotiations on a new Protocol to the Convention on
Conventional Weapons (CCW) on cluster munitions resume in
July with full U.S. support. The session is taking place
July 7-25 in Geneva. The U.S. delegation is playing an
active role in this process with the goal of concluding a
treaty by the end of 2008.


6. Paper outlining new U.S. Department of Defense Cluster
Munitions Policy

The United States shares the concerns of many states
regarding the potential unintended harm to civilians and
civilian infrastructure that can result from the use of
cluster munitions. Concern over these negative
consequences was one reason that the Department of
Defense initiated its review of cluster munitions. The
United States believes that this new policy will provide
better protection of civilians and civilian
infrastructure following a conflict while taking into
account the military need to retain this type of weapon.

Features of the new policy are:

--In ten years (by the end of 2018),the United States
military will no longer use cluster munitions which,
after arming, result in more than 1% unexploded ordnance
across the range of intended operational environments.

--This means that all cluster munitions employed by the
United States after 2018 must meet this criterion for all
intended operational conditions.

--The new policy supports the ongoing transformation in
the U.S. cluster munitions arsenal.

--There are no waivers for this criterion.

--While each of the military Services will determine how
to meet this new requirement, the policy encourages the
incorporation of self-destruct, self-neutralization and
self-deactivation mechanisms in submunitions.

--Older systems for which military requirements no longer
exist or for which there are inventory numbers in excess
of those required by our military will be reduced as soon
as possible.

--All cluster munitions sold or transferred by the
Department of Defense must meet the 1% UXO rate criteria
by 2018.

--Prior to 2018, in order to receive cluster munitions
from U.S. Department of Defense that do not meet the 1%
UXO rate criteria, foreign governments must agree that
they will not use these cluster munitions after 2018.

--The Department of Defense will continue to strictly
follow the requirements of international humanitarian
law, including the principles of discrimination and
proportionality, in its use of cluster munitions.

--The United States will also continue to follow the
provisions for sharing information, clean up of
unexploded and abandoned ordinance, and other relevant
elements of Protocol V of the Convention on Conventional
Weapons that is before the Senate for its advice, and
consent to ratification. The United States has already
contributed over $1.3 billion to clearance of landmines
and explosive remnants of war, including cluster
munitions.

--The United States supports negotiations of a new
protocol to the Convention on Conventional Weapons on
cluster munitions and will continue to play an active
role in these negotiations. We have called for
completion of a CCW cluster munitions protocol by the end
of 2008.

END PAPER TEXT


7. (U) For more information on this issue please contact
PM/WRA: Michael E. Williams (202-663-0287) or
Katherine M. Baker (reachable in Geneva until July 25
at BakerKM@state.gov).
RICE