Biden Admin to Send Cluster Bombs to Ukraine, Bypassing US Law

Ukraine Receives Cluster Bombs in Biden Administration’s Controversial Move

Ukraine, currently engaged in a counter-offensive against Russian forces, is set to receive a round of cluster bombs from the Biden administration in a drawdown of weapons that bypasses U.S. law.

Despite American law prohibiting the production, use, or transfer of cluster munitions with a failure rate of more than 1%, President Joe Biden is able to bypass the law through a rarely used provision of the Foreign Assistance Act, The Washington Post reported.

Cluster bombs, first developed and used during World War II, are banned by most countries in the world due to their inhumane nature. They have high failure rates and unexploded fragments that can linger for years, according to the BBC.

Biden approved sending the controversial weapons to Ukraine after a unanimous recommendation from his national security team, according to National Security Advisor Jake Sullivan. He stated that it was a difficult decision made in consultation with allies, partners, and members of Congress.

The president is using the Foreign Assistance Act to approve the cluster munitions for Ukraine, bypassing arms export restrictions by deeming it vital to U.S. national security, as reported by The Washington Post. U.S. officials claim that the cluster bombs destined for Ukraine have a failure rate of less than 3%.

These weapons pose a heightened risk to civilians as they explode in the air and release dozens of smaller submunitions, also known as “bomblets,” over a wide area. The Ukrainians have sought after these bombs as their ammunition runs low, according to The New York Times.

The U.S., Ukraine, and Russia did not join the 120 countries that banned the use of cluster bombs. Russia has been using these munitions in its war against Ukraine, according to the Pentagon. The United Nations also believes Ukraine has already been using cluster bombs, although the country denies it.

According to the Associated Press, the transfer of cluster bombs to Ukraine will come from Pentagon stocks as part of a fresh batch of military aid, which also includes armored vehicles and more ammunition.

Human rights advocates are concerned about the Pentagon’s assessed 2.35% dud rate for the cluster bombs, as they believe the tests do not adequately consider realistic conditions.

“It’s dismaying to see the long-established 1 percent unexploded ordnance standard for cluster munitions rolled back as this will result in more duds, which means an even greater threat to civilians, including de-miners,” said Mary Wareham, advocacy director of the arms division of Human Rights Watch (HRW).

An HRW report released Thursday stated that Ukraine caused numerous deaths and serious injuries to civilians while using cluster bombs in the city of Izyum and other locations last year. HRW also mentioned that Russian forces extensively used cluster munitions in Ukraine, resulting in civilian casualties.

As the war rages on, the U.S. continues to support Ukraine’s defensive efforts by sending tanks, weapons, and ammunition. President Biden has made it clear that the U.S. will stand with Ukraine for as long as it takes.

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