Fact Check: "Cluster munitions found in Kyiv, banned under international law."
What We Know
Cluster munitions are weapons that release multiple smaller sub-munitions or bomblets over a wide area, and they have been a subject of international debate due to their potential for causing indiscriminate harm. The use of cluster munitions is regulated under the Convention on Cluster Munitions (CCM), which prohibits their use, production, transfer, and stockpiling. This treaty has been signed by over 100 countries, but notably, both Russia and Ukraine are not parties to it (source-2).
Reports indicate that cluster munitions have been used in the ongoing conflict in Ukraine, with claims that they were deployed during Russian strikes in Kyiv (source-6). The legality of their use is contentious; while the CCM prohibits their use, the absence of ratification by Russia and Ukraine means that they are not legally bound by this treaty. However, customary international law prohibits indiscriminate attacks, which can include the use of cluster munitions if they fail to distinguish between military targets and civilians (source-2).
Analysis
The claim that cluster munitions are banned under international law is partially true. While the Convention on Cluster Munitions does indeed ban these weapons, the key point is that neither Russia nor Ukraine has ratified the treaty, which means they are not legally obligated to adhere to its terms (source-2). This creates a legal gray area where the use of cluster munitions may not be outright illegal under international law for these specific countries.
Moreover, the use of cluster munitions raises significant humanitarian concerns due to their indiscriminate nature and the risk of unexploded ordnance harming civilians long after conflicts have ended (source-4). Reports from various sources indicate that both sides in the conflict have employed these munitions, which complicates the narrative surrounding their legality and ethical implications (source-3).
The reliability of the sources varies; while academic and legal analyses (source-1, source-2) provide a well-rounded understanding of the legal framework, media reports (source-6, source-4) may carry biases based on their national perspectives and the urgency of reporting on the conflict.
Conclusion
The verdict on the claim that "cluster munitions found in Kyiv are banned under international law" is Partially True. While cluster munitions are indeed banned by the Convention on Cluster Munitions, the lack of ratification by the involved parties means they are not legally bound to this prohibition. Furthermore, the use of such munitions raises significant humanitarian concerns, reinforcing the need for strict adherence to international humanitarian law regarding indiscriminate attacks.
Sources
- The Legality of U.S. Cluster Munitions in Ukraine - Washington University
- Cluster Munitions and the Ukraine War - Lieber Institute - Lieber Institute
- Use of cluster munitions in the Russian invasion of Ukraine - Wikipedia
- Here's What Cluster Munitions Do and Why They Are So Controversial - New York Times
- 复杂网络中，motif、cluster、clique、community 有什么区别 - Zhihu
- Cluster munitions used in overnight Russian strike on Kyiv, mayor says - Kyiv Independent
- 如何通俗理解Cluster standard error？ - Zhihu
- Ukraine: Civilian Deaths from Cluster Munitions - Human Rights Watch
