Cluster Munitions: Background and Issues for Congress

"Cluster munitions are air-dropped or ground-launched weapons that release a number of smaller submunitions intended to kill enemy personnel or destroy vehicles. Cluster munitions were developed in World War II and are part of many nations’ weapons stockpiles. Cluster munitions have been used frequently in combat, including the early phases of the current conflicts in Iraq and Afghanistan. Cluster munitions have been criticized internationally for causing a significant number of civilian deaths, and efforts have been undertaken to ban and regulate their use. The Department of Defense (DOD) continues to view cluster munitions as a military necessity but in 2008 instituted a policy to reduce the failure rate of cluster munitions (a major contributor to civilian casualties) to 1% or less after 2018.

In November 2017, DOD issued a new DOD policy that essentially reversed the 2008 policy. Under the new policy, combatant commanders can use cluster munitions that do not meet the 1% or less unexploded submunitions standard in extreme situations to meet immediate warfighting demands. In addition, the new policy does not establish a deadline to replace cluster munitions exceeding the 1% rate and states that DOD “will retain cluster munitions currently in active inventories until the capabilities they provide are replaced with enhanced and more reliable munitions.”

In February 2022, Russia allegedly used cluster munitions during its invasion of Ukraine. Although the allegations have apparently not been officially verified, a reported pending International Criminal Court (ICC) investigation of war crimes in the Ukraine might provide insights.

Potential issues for Congress include potential policy impacts of allegations of Russian cluster munitions use in Ukraine, cluster munitions in an era of precision weapons, other weapons in lieu of cluster munitions, and the potential impact of DOD’s 2017 revised cluster munitions policy..."
Cluster munitions