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DE RUEHC #3257 1910412
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O 090402Z JUL 08
FM SECSTATE WASHDC
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UNCLAS STATE 073257 
 
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