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International Ban on Cluster Munitions

This article aims to introduce the main issues concerning Convention on Cluster Munitions(CCM).

Human rights workers and pacifist lawyers have critically pointed that a cluster bomb is one of the indiscriminate weapons which are forbidden in the international humanitarian law. Meanwhile, the recent legal decisions of foreign domestic courts, international commissions or courts have showed that the use of cluster bombs was not illegal per se. Convention on Cluster Munitions changes fundamentally the legal status of cluster bomb and declares illegal the use, production, stockpiling and transfer of cluster bombs.

CCM is accepted as an example of global governance, because International NGOs, human rights organization or human rights workers made great coalition with some government representatives against the strong influence of power states in oder to abolish the cluster bombs. Considering the contents and process of CCM, Oslo process(CCM) is similar to the Ottawa Process which resulted in Mine Ban Treaty(1997). CCM consolidates the international humanitarian law, enlarges the principle of distinction or proportionality and, reinforces the linkage between international human rights law and international humanitarian law.

Korean Government refuses to be a state party to the CCM on the ground of the special imminent threat from North Korea. Korean Government is importing all kinds of cluster bombs from USA and two Korean companies are exporting cluster bombs. For the time being, Korean government doesn’t assume any legal duty under this convention. But it should not be overlooked that there is an emerging customary international law affirming state support for the Mine Ban Treaty and state obligation to assist landmine victims. For customs and guidelines related to landmine are expected to become sooner or later rules of the customary law for cluster bombs.

Key Phrases: Cluster Bomb, Convention on Cluster Munitions, Customary International law, International Humanitarian Law, Martens clause, Mine Ban Treaty, Oslo Process