Lithuania Abandons Cluster Munition Ban

A serious decision for international humanitarian law 

Lithuania is the first country to ever withdraw from the Convention since its adoption in Dublin on May 30, 2008. This move sets a detrimental precedent for the Convention and for international humanitarian law more broadly. It represents a major step backward for the global stigma against cluster munitions.

It is crucial for other States Parties to the Convention to strongly denounce Lithuania’s decision and stand together against the use of cluster munitions.

"We are dismayed by Lithuania's decision to withdraw from the Oslo Convention. This move underminines the rule of law and the norms against these indiscriminate weapons. 95% of the casualties of cluster munitions are civilians - and with Lithuania decision, civilians will be less protected in armed conflicts now. This decision comes amid a gradual erosion of international standards in recent years: one year ago, the United States decided to provide Ukraine with cluster munitions. Banned weapons like landmines and cluster munitions have been used extensively in current conflicts, and civilians are increasingly falling victim to indiscriminate violence in armed conflicts. We call on all States Parties to the Convention to reaffirm their attachment to the Convention, to fight for its universalization, and to condemn any use by any state under any circumstances." - HI Advocacy Director Anne Héry

The President of Lithuania signed the Parliament's decision to withdraw from the Convention on Cluster Munitions (CCM) on July 25. The Parliament voted on the draft law denouncing the Convention on July 18. 

Lithuania began considering withdrawal from the Convention last year after the United States started supplying Ukraine with cluster munitions in July 2023.

Following the US decision to deliver cluster munitions to Ukraine in 2023 and Lithuania's decision to leave the convention this July, we may witness another breach of the international norm against cluster munitions: An investigative documentary by Germany media outlet ARD’s “Panorama” program, which aired on July 25, shows how US cluster munitions stored on a US military base in Germany have been transferred to Ukraine for use in the war with Russia, transiting across Germany in the process.  If accurate, such actions could potentially amount to assistance in prohibited activities under the Convention on Cluster Munitions, such as the transfer and use of cluster munitions.

The withdrawal of Lithuania will take effect 6 months after notifying all other States Parties to the Convention and the UN Security Council.

A weapon outlawed for a reason 

The arguments presented by Lithuania—that we are living in exceptional times, that cluster munitions can be a good deterrent against a potential foe, and that they have great military utility—are inadmissible. These weapons have been banned because of their catastrophic humanitarian consequences. The Oslo Convention on Cluster Munitions is intended to be respected by states not only during times of peace but also during periods of tension and war.

Cluster munitions can be fired from the ground by artillery, rockets, missiles, and mortar projectiles, or dropped by aircraft. They open in the air, dispersing multiple submunitions or bomblets over a wide area, without distinguishing between civilian populations and militaries. Moreover, many submunitions fail to explode on initial impact - up to 40% of them - leaving duds that can indiscriminately injure and kill like landmines for years.

The Convention on Cluster Munitions, which Lithuania ratified in March 2011, provides the optimal framework to address and prevent the severe consequences of cluster munitions. The latest Cluster Munition Monitor Report 2023 reveals that an overwhelming 95% of cluster munition casualties are civilians, both at the time of use and for many years afterward. Children account for 71% of casualties from cluster munition remnants.

Worrisome development since 2022

Cluster munition attacks killed or wounded at least 987 people in 2022, according to the 2023 Cluster Munition Monitor, of whom 890 were in Ukraine. Russia has used cluster munitions repeatedly in Ukraine since February 2022. Use from Ukrainian forces has also been reported. In July 2023, the United States began transferring an unspecified quantity of its stockpile to Ukraine. 

The Myanmar military and Syrian government forces used cluster munitions in 2022, causing further civilian harm. None of these countries have signed or ratified the international convention against cluster munitions.

A strong international convention 

As of today, 123 states (124 before the withdrawal of Lithuania) have committed to the convention’s strong and comprehensive norms, with two new states joining last year. This represents over 60% of the world’s nations.

Lithuania actively participated in the Oslo Process aimed at banning cluster munitions and was among the first countries to sign the Convention on Cluster Munitions in Oslo on December 3, 2008. Lithuania is a state party to the Oslo Convention since 2011. The country does not possess cluster munitions and has never produced, stockpiled, transferred, or used such weapons.