The legality of cluster bombs depends on whether a country has signed the Convention on Cluster Munitions (CCM), an international treaty that prohibits their use, production, stockpiling, and transfer.
- Banned for Signatories: Over 120 countries (including the UK, France, and Germany) have ratified the CCM, making cluster bombs illegal for them to use or possess.
- Legal for Non-Signatories: Major military powers such as the United States, Russia, and Ukraine have not signed the treaty. For these nations, the use of cluster bombs on a battlefield is not strictly prohibited by international law.
- Universal War Crime Restrictions: Regardless of treaty status, using cluster munitions against civilian populations or in a way that fails to distinguish between military and civilian targets is considered a war crime under broader International Humanitarian Law (IHL).
Why They Are Controversial
Cluster munitions are heavily criticized because they disperse numerous smaller "bomblets" over a wide area, often the size of several football fields.
- Indiscriminate Nature: Their wide "footprint" makes it difficult to avoid hitting nearby civilians or infrastructure.
- Long-Term Hazard: Many bomblets fail to explode on impact (dud rates can range from 2% to over 40%), remaining as active "landmines" that can kill or maim civilians, particularly children, decades after a conflict ends.
Current Status of Major Inventories
While many countries have destroyed their stockpiles, nations like the U.S. maintain significant inventories. As of March 2026, U.S. munitions stockpiles were reported to be at historically high levels.
Cluster missiles, too?
Yes, cluster missiles are covered by the same international ban as cluster bombs.
In international law, the term "cluster munition" refers to the type of payload (smaller submunitions or "bomblets") rather than how they are delivered. Whether the bomblets are dropped from a plane (bomb), fired from a cannon (artillery shell), or launched via a rocket or missile, they are all governed by the same rules.
Legal Status of Cluster Missiles
- Banned by Treaty: Under the Convention on Cluster Munitions (CCM), any munition designed to disperse explosive submunitions weighing less than 20kg is prohibited for signatory nations. This explicitly includes missiles and rockets.
- Recent Use in 2026: As of March 2026, reports indicate that cluster missiles have been used in the escalating conflict between Iran and Israel.
- Iran has reportedly launched ballistic missiles carrying cluster warheads that disperse dozens of submunitions over a wide radius (roughly 5 miles).
- Legality in this Context: Since neither Iran nor Israel are signatories to the CCM, their use of these missiles is not a treaty violation. However, human rights groups like Amnesty International have stated that using them in populated areas constitutes a war crime under broader humanitarian laws regarding "indiscriminate" attacks.
Key Exceptions
Not every missile that carries multiple parts is "illegal" under the CCM. A missile is generally not considered a banned cluster munition if it meets all of the following:
- Contains fewer than 10 submunitions.
- Each submunition weighs more than 4kg.
- Each submunition can detect and engage a single target (often called "smart" or sensor-fused munitions).
- It features electronic self-destruction and self-deactivation.