Use of cluster munitions in the Russian invasion of Ukraine
The use of cluster munitions during the Russian invasion of Ukraine (2022–present) has been recorded by a number of eyewitnesses and journalists, as well as representatives of the UN, humanitarian and public organizations.[1][2] In particular, the head of the UN Human Rights Council, Michelle Bachelet, reported on March 30 at least 24 cases since the beginning of the invasion.[3] As of July 1, hundreds of attacks by Russian forces with cluster munitions have already been recorded in the settlements of the Dnipropetrovsk, Donetsk, Zaporizhzhia, Kyiv, Luhansk, Mykolaiv, Odesa, Sumy, Kharkiv, Kherson and Chernihiv regions.[4][5][6] 215 civilians are known to have been killed in these shellings and 474 injured, many of which may go unreported.[6] Both Russia as well as Ukraine have used cluster munitions during the conflict, however, Russian use has been extensive while Ukrainian use has been more limited.[7]
Neither Russia nor Ukarine are signatories of the 2008 convention limiting the use of cluster munitions.[7] The use of such weapons against civilians violates the principles of humanitarian law and therefore constitutes a war crime.[8][4] Reports of Russian attacks have prompted the International Criminal Court to launch an investigation into the commission of war crimes in Ukrainian territory.[9][10]
Although the Russian side denies accusations of using cluster munitions in residential areas,[2][9] international and non-governmental organizations have reported such attacks. By the beginning of April, Ukrainian law enforcement agencies were reporting cluster munition shelling in Kharkiv, Sumy, Kyiv, Donetsk, Odesa, Kherson and Mykolaiv regions.[1] By July 1, Cluster Munition Coalition reports shelling in Dnipropetrovsk, Donetsk, Zaporizhzhia, Luhansk, Mykolaiv, Odesa, Sumy, Kharkiv, Kherson and Chernihiv regions.[6] Testimony from independent weapons experts confirmed that a number of cluster rounds were dropped on residential buildings and civilian infrastructure.[11] This is proved by photos and videos of eyewitnesses of the events, as well as journalists on the ground. Much of this data was collected by Ukrainian prosecutors and passed on to the International Criminal Court. In early March, an investigation began into the commission of war crimes and crimes against humanity in Ukraine.[11][10] An August 2022 Cluster Munition Coalition report noted that Russia has used cluster munitions extensively during conflict, inflicting hundreds of civilian casualties and damaging civilian infrastructure.[7]
The UN Human Rights Monitoring Mission confirmed that during the first month of the war in 2022, the Russian military used cluster weapons in Ukrainian settlements at least 16 times.[4] At the end of March, the head of the UN Human Rights Council, Michelle Bachelet, reported at least 24 cases since the invasion began. The agency indicated that the attacks damaged medical facilities, including 50 hospitals.[3][11] As of August 2022, there have already been hundreds of cases of Russian use of cluster munitions in at least 10 out of 24 regions of Ukraine. It is known that 215 civilians were killed and 474 wounded during these attacks, and many cases may remain unknown. At least 7 people were killed and 3 were injured by submunitions that did not explode immediately. The shelling of cluster munitions mainly affected civilian infrastructure: residential buildings, hospitals, schools, playgrounds, in one case a cemetery.[6][20]
During the invasion of Ukraine, the Russian army used at least 6 types of cluster munitions: missiles for multiple rocket launchers "Hurricane", "Smerch", "Tornado-S", missile systems "Tochka" and "Iskander-M", as well as RBC bombs -500 with PTAB-1M submunitions.[6] Smerch missiles were used for 72 submunitions, as well as other charges for 50 submunitions. According to the Russian manufacturer, missiles used in residential areas can contain up to 1.45 kg of explosive and scatter into about 316 fragments.[2][21] The most large-scale Russian attacks with weapons include:
In addition, it was reported about the use of cluster munitions in the residential sector of the city of Pokrovsk (Donetsk region, March 4),[36] Krasnogorovka (Donetsk region, March 27),[37] Slavyansk (Donetsk region, April 22),[38] and in the villages of Kiinka and Pavlovka (Chernihiv region, February 28).[39]
International law prohibits deliberate attacks on civilians or civilian infrastructure. The Russians denied the accusations, assuring that it strikes "only at military facilities and exclusively with high-precision weapons." Presidential spokesman Dmitry Peskov said that the accusations against Russia are “a duck, this is a duck for sure”.[40][41] However, analysts at the international non-governmental organization Bellingcat considered it “highly unlikely” that the Ukrainian side would use explosive weapons in their own cities.[40][42]
Use by Ukraine
In early March 2022, The New York Times reported the first use of a cluster munition by Ukrainian troops during the invasion near the farm Husarivka. It landed close to the Russian army’s headquarters. According to the report, nobody died in that strike.[13] An August 2022 Cluster Munition Coalition report noted that Ukraine has used cluster munitions in a limited capacity.[7]
Russia accused Ukraine of using cluster munitions in strikes at Belgorod that killed at least 21 people and wounded dozens more on December 30 2023.[43]
In March 2023, Reuters reported that Ukraine sought to procure CBU-100 cluster bombs from the U.S. stockpile in order to dismantle them, extracting the submunitions and use them as individual bomblets to be dropped from drones against enemy armour in a targeted manner. It also petitioned the U.S. for deliver of 155 mm artillery cluster shells to be used in the east of the country against mass infantry assaults such as had notably been employed by Russian forces during the Battle of Bakhmut.[44] In June 2023, Reuters reported that the U.S. military had assessed that cluster munitions would be useful in Ukraine's effort to push back Russian occupation forces.[45] U.S. president Joe Biden approved the provision of cluster munitions to Ukraine on 6 July, bypassing U.S. law prohibiting the transfer of cluster munitions with a failure rate greater than one percent.[46] According to President Biden the decision was made as a result of the US running low on conventional 155mm ammunition to supply the Ukrainians whose ammunition stockpiles are also running low.[47]
In late 2023, Ukrainian troops reported that their cluster munitions were becoming increasingly ineffective against Russian forces. A Ukrainian platoon commander on the Bakhmut front told The New York Times that the Russians were adapting to Ukraine's usage of cluster munitions, assaulting in smaller infantry units and digging their trenches deeper.[48]