Abstract
Introduction Cluster bombs are indiscriminate weapons. The inherent nature of cluster bombs as wide-area munitions, at a minimum, should make their use illegal in civilian areas, as the risk of civilian casualties is prohibitively high. Unexploded bomblets act as de facto landmines after initial use, making them indiscriminate killers for decades to come. 2 In light of these characteristics, a moratorium on the use, production, trade, and stockpiling of cluster bombs should be implemented immediately. This moratorium should lead to banning their use, production, transfer and stockpiling through international treaty. While cluster bombs have not been banned explicitly under international law, 3 close scrutiny of their historical use through the lens of established international humanitarian law supports the argument that they should be. Principles of discrimination (those norms which call on military forces to distinguish between civilian and military targets and to limit damage to civilians) have been firmly enshrined in international humanitarian law. Cluster bombs can be shown to be geographically indiscriminate in nature, when used in areas of civilian concentration. Cluster munitions have large "footprints" (the surface area where bomblets are dispersed), and most versions are difficult to accurately target, making their use especially problematic in civilian areas. Cluster munitions can also be shown to be temporally indiscriminate, as their high initial misfire rates combined with their small size convert them into de facto landmines. These cumulative characteristics of cluster bombs make them inherently indiscriminate and outweigh their military utility. ...