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In one of its
first actions since August recess, the Senate voted Wednesday on
S. Amdt. 4882, an amendment to the FY07 Defense Appropriations
bill regarding the use of cluster bombs. The amendment, introduced on
Tuesday by Senator Dianne Feinstein (D-CA) and co-sponsored by Senator
Patrick Leahy (D-VT), would have prevented funds from being spent on
the purchase, use or transfer of cluster munitions unless the Defense
Department ensured that the weapons would not be used in or near any
civilian areas. While the Feinstein-Leahy amendment was about the use
of cluster bombs generally, it is thought to be triggered by the
controversy surrounding Israel’s recent use of cluster bombs in
Lebanon.
The amendment was
rejected in a 30-70 vote. If your Senator is among those who voted
for the amendment a note of thanks would be appreciated
(view roll call vote). CMEP responded to the quickly-pending vote
by faxing a letter to the entire Senate early Wednesday morning,
urging support for the amendment. Included in the fax was an August
11th letter to the State Department that CMEP sent when it was
announced that the US might send cluster munitions to Israel that
could be used in its fight against Hezbollah (the letter is enclosed
below). While the amendment failed, it is an important
acknowledgement of the dangers posed by cluster munitions and
Congressional concern for their use in civilian areas. It was a
Congressional investigation after Israel’s 1982 invasion of Lebanon
that resulted in a 6-year moratorium on the sale of cluster weapons to
Israel during the Reagan Administration. Below are excerpts from
statements by Senator Feinstein and Senator Leahy and an article by
Ori Nir in the Jewish daily, the Forward, “Senators
Seek Curb on Cluster Bombs.”
CMEP August 11th
Letter to the State Department on Cluster Munitions
(Letter
in PDF File)
August 11, 2006
The Honorable
Condoleezza Rice
Secretary of State
United States
Department of State
Dear Secretary
Rice,
I write on behalf
of Churches for Middle East Peace, a coalition of 21 Orthodox,
Catholic and Protestant churches and church-related organizations. It
is with great distress that we read this morning that the
United States
is considering speeding up the delivery of M-26 artillery rockets to
Israel. These are the very same munitions that were found to have
killed Lebanese civilians in 1982, prompting the US to maintain a
moratorium on sending them to
Israel
for some time – a moratorium which unfortunately was lifted.
We are grateful to
those in the State Department who have raised concerns about this
possible course of action. We again say, as we did in our letter to
you of July 24, that adding additional arms to this conflict will only
serve to inflame the violence. Moreover, sending cluster munitions,
which are known to cause severe civilian casualties, undermines US
statements expressing concern about the loss of civilian lives,
whether in Israel or Lebanon. It will also make more difficult your
efforts to find a diplomatic solution through the United Nations
Security Council, which is so urgently needed. It appears that when
we and many others around the world have urged the President to
actively engage in efforts to diminish the violence, the United States
is doing just the opposite.
We are all
painfully aware of the need to defeat terrorism as we all saw so
dramatically yesterday in
London.
To do so, however, we must take those actions that will support those
who would join us in fighting terrorism, not make their and our jobs
even more difficult by being party to greater violence. Delivery of
cluster bombs to Israel now would only serve to further weaken
relations with Arab moderates.
We reiterate our
July 21 appeal to the President for an immediate ceasefire, an
intensive diplomatic initiative for the cessation of hostilities and
the pursuit of a comprehensive Middle East peace, including a
resolution of the Israeli-Palestinian conflict.
Sincerely,
Corinne Whitlatch
Executive Director
Maureen Shea
Chair of the Board
Senator Feinstein’s September 5th Statement Upon
Introduction of S. Amdt. 4882
“Mr. President, on
behalf of the Senator from Vermont and myself, I offer an amendment to
the Defense appropriations bill to address a humanitarian issue that I
have actually thought a great deal about over a long period of time;
that is, the use of the cluster bomb. The human death toll and injury
from these weapons is felt every day, going back decades. Innocent
children think they are picking up a play toy in the field and
suddenly their arm is blown off.
I believe we need
to take a look at our policies and adjust them. Specifically, our
amendment would prevent any funds from being spent to purchase, use,
or transfer cluster munitions until the rules of engagement have been
adopted by the Department of Defense to ensure that such munitions
will not be used in or near any concentration of civilians, be it
permanent or temporary, such as inhabited parts of cities or villages
or in camps or columns of refugees or evacuees.
Every year,
hundreds of civilians are killed and many more are injured due to
unexploded cluster bombs. From the fields of Vietnam, Laos, and
Cambodia, through the streets of Kosovo and Iraq, to the arid hills of
Afghanistan and the playgrounds of Lebanon, these lethal relics of war
continue to cripple life, hope, and peace.
…These
unexploded cluster bombs become, in essence, landmines. Instead of
targeting troop formations and enemy armor, unexploded bomblets target
innocent civilians, seriously maiming or killing their victims. This
runs counter to our values, and I believe it also runs counter to the
laws of war.
Make no
mistake, the impact of unexploded cluster bombs on civilian
populations has been devastating. This first came to my attention in
Laos, many years ago…
…In the first
gulf war, 61,000 cluster bombs were used, containing 20 million
bomblets. Since 1991, unexploded bomblets have killed 1,600 innocent
men, women, and children and injured more than 2,500.
In Afghanistan
in 2001, over 1,228 cluster bombs with almost a quarter of a million
bomblets were used…
…In Iraq in
2003, 13,000 cluster bombs with 2 million bomblets were used.
Combining the first and second gulf war, the total number of
unexploded bomblets in the region today is 1.2 million. How many
people will die? Already, an estimated 1,220 Kuwaitis and 400 Iraqi
civilians have been killed since 1991 because they innocently picked
up one of these bomblets.
What gives rise
in part to my amendment are recent developments in Lebanon over
alleged use of cluster bombs. Throughout southern Lebanon, more than
405 cluster bomb sites containing approximately 100,000 unexploded
bomblets have been discovered. Each site covers a radius of 220 yards.
As Lebanese children and families return to their homes and begin to
rebuild, they will be exposed to the danger of these unexploded
bomblets lying in the rubble. Thirteen people, including three young
children, have been killed so far, and 48 injured. One United Nations
official estimates that the rate of unexploded bomblets is 40 percent.
So far, more than 2,000 unexploded bomblets have been destroyed, but
it will take 12 to 15 months to complete the effort.
Let me say that
I join the United Nations Humanitarian Coordinator for Lebanon, David
Shearer, in calling on Israel to provide information on where the
cluster bombs were used. Such information is vital to speed up the
cleanup process and save lives.
We have called
the State Department. We have asked for information about the
conditions for the sale of cluster munitions to Israel, and we have
not been able to get that information. It seems to me that information
should be readily available and transparent, particularly to the U.S.
Senate and the House of Representatives.
The State
Department is currently looking into charges that the cluster bombs
found in south Lebanon were American made--I do not know that they
were--and that they were used in violation of agreements between the
United States and Israel. I do not know that they were, but I think we
should know, and I think we should not cloak ourselves with ignorance.
I am hopeful that this inquiry will be completed as soon as possible
and the findings reported to the Congress. If there are violations,
there should be consequences.
Looking at
these figures, it is clear that several countries are awash with
unexploded bomblets--Laos, 7 to 27 million; Iraq, 1.2 million; and
then Lebanon, 100,000.
Some say: Why
should we be doing this? I have always believed that this country
stands for justice, it stands for right, and it has a moral compass. I
believe the use of these weapons in civilian areas should be
stopped...
…How are we
supposed to win the hearts and minds of civilians in those countries
where we leave behind such deadly weapons that indiscriminately kill
young children?...
…Simply put,
unexploded cluster bombs fuel anger and resentment and make security
stabilization and reconstruction efforts that much harder…"
Senator Leahy's Statement During September 6th Vote
“…The problem of
cluster munitions, which overwhelmingly maim and kill the innocent,
has been known for many years. Perhaps the most egregious example is
Laos, where millions of these tiny explosives were dropped by U.S.
planes during the Vietnam War. Over three decades later they continue
to cause horrific civilian casualties.
I have urged the
Pentagon to address this problem for nearly a decade.
While they have
acknowledged the problem, they have not yet taken effective steps to
solve it. We used massive numbers of cluster munitions in the
invasion of Iraq, including in densely inhabited areas, and innocent
civilians paid and continue to pay a terrible price. Israel used
these weapons in Lebanon, and again it has been innocent civilians who
have suffered disproportionately.
Cluster munitions,
like any weapon, have military utility. They can be effective against
armor or military infrastructure. But they are, in effect,
indiscriminate because they scatter thousands of lethal bomblets over
wide areas. Many of them – between 1 and 40 percent depending on the
type and the condition of the terrain, fail to explode on contact and
remain as hazardous duds indefinitely, no different from landmines….
…No one argues
that it is possible to completely avoid civilian casualties in war.
Innocent casualties are an inevitable, tragic consequence of all
wars. But this amendment should not be necessary. Weapons that are
so disproportionately hazardous to civilians should of course be
subject to strict rules of engagement.
The
Feinstein-Leahy amendment is fully consistent with the laws of war and
international humanitarian law. It uses the same standard as for
incendiary weapons, which are also notoriously hazardous to
civilians. Rather than prohibit cluster munitions, the amendment says
only that they should not be used where there are concentrations of
civilians.
Mr. President,
this is a moral issue and it is an issue of our own self interest.
Using or selling weapons that are so indiscriminate, without strict
rules of engagement, is immoral. It is immoral. Anyone who has seen
the horrific consequences of children with an arm or a leg blown off,
or a part of their face, or their lifeless body cut to pieces by the
shrapnel, knows that.
But it is also
contrary to our own interest to be using or selling weapons which,
without strict controls on their use, cause such appalling casualties
of innocent people who are not the enemy. It fuels anger and
resentment we can ill afford among the very people whose support we
need….”
Senators Seek Curb on Cluster Bombs
Feinstein, Leahy Move After Israeli Strikes
Ori Nir
Forward
Tue. Sep 05, 2006
WASHINGTON — Reflecting growing discontent in
Washington with Israel’s use of American-made cluster bombs in heavily
populated areas of Lebanon, two leading Democratic senators this week
introduced legislation that would require recipients of such munitions
not to use them in or near civilian centers.
Senators Dianne Feinstein of California and Patrick
Leahy of Vermont this week introduced the Cluster Munitions Amendment.
The measure, an amendment to the 2007 defense appropriations bill,
would prevent Department of Defense funds from being spent to transfer
cluster bombs to foreign countries, unless the Pentagon ensures that
such bombs do not jeopardize civilians.
The two Democratic lawmakers, members of the Senate
Defense Appropriations Subcommittee, identified Israel’s use of
cluster bombs in Lebanon as an “example” or a “factor” in proposing
the amendment. “The recent experience in Lebanon is only the latest
example of the appalling human toll of injury and death,” Leahy said
in a joint press release, issued Tuesday evening with Feinstein.
Sources familiar with the legislation, however, said
that the measure was clearly triggered by Israel’s recent use in
Lebanon of the American-made artillery shells filled with small
bomblets.
The proposed legislation requires the Pentagon to
devise clear rules of engagement ensuring that American forces — or
foreign armies — do not use cluster bombs against civilians, but
sources familiar with the legislation said that it was mainly directed
at the recent use of such bombs by Israel in Lebanon.
Congressional sources, as well as several senior
officials with national Jewish organizations, said that many officials
in Washington — both in the administration and on Capitol Hill — are
unhappy about the way in which Israel used cluster bombs in Lebanon.
Some believe that Israel may have violated an American-Israeli
agreement, the details of which never have been published, regarding
the terms of the use of the munitions, sources said. Some government
officials are concerned about the impact on America’s image abroad of
the continued explosions of small American-made bombs in civilian
neighborhoods in an Arab country that the Bush administration
considers friendly to America. This concern was echoed in a statement
by Feinstein, who said, “Unexploded cluster bombs fuel anger and
resentment and make security, stabilization and reconstruction efforts
that much harder.”
According to data collected by the United Nations’
Mine Action Coordination Centre of South Lebanon and by human rights
organizations, Israel used many thousands of cluster rounds in its
shelling of southern Lebanon in July and August, leaving behind tens —
if not hundreds — of thousands of unexploded bomblets. The U.N. center
reported this week that it has “confirmed and recorded” 434 cluster
bomb strike locations in southern Lebanon, each hit by multiple
cluster shells. Each such artillery shell contains dozens of small
bomblets that are spread over a radius of some 220 yards. Most explode
upon impact, but many don’t. According to the U.N. data, more than
10,000 cluster bomblets were found and destroyed by U.N. staff and by
Lebanese Army bomb specialists in southern Lebanon since the August 14
cease-fire came into effect.
So far, such duds have caused 12 deaths, as well as
injuries to 51 people, during the two-and-a-half weeks that passed
between August 14 and September 2, according to the data.
In the joint press release, Feinstein and Leahy
pointed out that civilians were killed by cluster bombs that American
forces used in Afghanistan and in Iraq, both in the first Gulf War and
in 2003, as well as in Laos during the 1960s and ’70s.
Human rights organizations argue that Israel’s use
of the cluster bombs in southern Lebanon clearly violated
international law. This week, the Association for Civil Rights in
Israel joined Human Rights Watch and Amnesty International in
contending that using such munitions in civilian areas constitutes “an
extremely severe violation of the basic principle upon which
humanitarian law is based.” In a letter to Israeli Attorney General
Menahem Mazuz, the Israeli group wrote that the use of these bombs
near civilian population centers is illegal on two counts. First,
these munitions are characterized by a widespread pattern, and
therefore they put at risk individuals in areas far removed from a
pinpointed target such as a rocket launcher. Second, their failure
rate is high. According to some reports, 14% of the American-made
cluster bomblets do not explode upon impact, and therefore they create
an above-ground mine field of sorts in the area that they hit. Other
reports say that the failure rate can be as high as 40%.
Responding to the growing criticism, the Israeli
Foreign Ministry issued a legal brief August 5 saying that the Israel
Defense Forces only zeroed in on Hezbollah military targets during the
war. “The IDF does not deliberately attack civilians and takes steps
to minimize any incidental collateral harm by warning them in advance
of an action, even at the expense of losing the element of surprise,”
it stated.
The brief pointed out that Hezbollah used “human
shields” during the war, in violation of international law. It also
said that unexploded ordnances were not only left in Lebanon but also
in Israel, where many rockets fired by Hezbollah did not explode
immediately.
America’s export of cluster munitions to Israel has
a bumpy history. In the early 1980s, when the United States concluded
that Israel had violated the agreement on using cluster bombs during
its war in Lebanon in 1982, the Reagan administration suspended
shipments of the weapon to Israel for six years. Last month, the State
Department confirmed reports that it was “looking into” the
circumstances in which Israel used these bombs in Lebanon. Israel also
uses cluster bombs that its military industry produces, as well as
ones bought from Britain.
Link to Article on Forward Website
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