Türkiye Seeks to Transfer US Cluster Munitions to Ukraine

Türkiye has requested permission from the United States to transfer cluster munitions to Ukraine, sparking concerns over the humanitarian implications of such a deal. The proposed transfer involves tens of thousands of cluster munition rockets, missiles, and artillery projectiles that have been in Türkiye's stockpiles for decades. The cluster munitions in question were originally produced in part by Türkiye under licenses from the US, initiated in 1987. The artillery projectiles that make up the bulk of the proposed deal were removed from US service in 1994, when the howitzers that fired this ammunition were retired. These weapons contain over 10 million explosive submunitions, which are inherently indiscriminate and have a history of creating deadly hazards to civilians and communities. The proposed deal includes transferring three types of cluster munitions: 70 M39 ATACMS ballistic missiles, 2,524 M26 rockets, and 47,000 M509A1 203mm artillery projectiles. Each of these munitions contains hundreds or thousands of individual submunitions, which can cause damage over a large and imprecise area. Human Rights Watch has expressed concern over the proposed transfer, citing the humanitarian risks and indiscriminate nature of these weapons. According to Nicole Widdersheim, deputy Washington director at Human Rights Watch, "Dumping obsolete cluster munitions into a conflict creates a humanitarian liability for civilians that is tragically foreseeable." The US has not joined the international Convention on Cluster Munitions, which prohibits the use of these weapons. However, an export moratorium has been enacted in the annual Defense Department budget each year since 2009. The US has bypassed this moratorium in the past, and it is unclear whether a similar determination has been made in this case to sidestep the export moratorium. Congress has the ability to review the transfer and pass a Joint Resolution of Disapproval to block the sale. Human Rights Watch is urging Congress to act to stop the proposed transfer, citing the short-sighted and dangerous nature of the deal. ## Cluster Munitions and Humanitarian Concerns Cluster munitions have been widely criticized for their indiscriminate nature and the humanitarian risks they pose. These weapons cannot be targeted with precision and have a history of creating deadly hazards to civilians and communities. They cause damage over a large and imprecise area, and, due to the numbers used and high failure rate, leave behind many unexploded "dud" submunitions that become de facto antipersonnel landmines. ## The Proposed Transfer and Congressional Review The proposed transfer of cluster munitions to Ukraine has sparked concerns over the humanitarian implications of such a deal. Congress has the ability to review the transfer and pass a Joint Resolution of Disapproval to block the sale. Human Rights Watch is urging Congress to act to stop the proposed transfer, citing the short-sighted and dangerous nature of the deal. ## The International Prohibition on Cluster Munitions The international Convention on Cluster Munitions prohibits the use of cluster munitions, citing the humanitarian risks and indiscriminate nature of these weapons. The US has not joined this treaty, but an export moratorium has been enacted in the annual Defense Department budget each year since 2009. The US has bypassed this moratorium in the past, and it is unclear whether a similar determination has been made in this case to sidestep the export moratorium.