In fact, there is considerable risk. Cluster munitions used by both Ukrainian and Russian forces have led to, reportedly, at least dozens of civilian deaths and serious injuries, according to a Human Rights Watch report published Thursday. Specifically, the report said Ukrainian cluster-munition rocket attacks on Russian-controlled areas around the city of Izium in 2022 “caused many casualties among Ukrainian civilians.” (Ukraine denied that cluster munitions were used there.)
While it is Ukraine’s decision to choose what weapons it uses in its defense, it is for America to decide which weapons to supply. At the outset of the conflict, the United States resisted sending advanced weapons for fear of encouraging a wider war and Russian retaliation. But as the fighting dragged on and Ukraine proved increasingly capable of standing up to Russia, line after line has been crossed, with Washington and its allies agreeing to provide sophisticated weapons like the Patriot air-defense system, the Himars long-range rocket launcher, the Abrams tank and soon the F-16 jet fighter.
There is a legitimate debate about whether this amounts to the sort of mission creep that marked conflicts in Vietnam or Afghanistan. Sending cluster munitions to Ukraine amounts to a clear escalation of a conflict that has already become far too brutal and destructive. But the greater issue here is sharing a weapon that has been condemned by a majority of the world’s nations, including most of America’s close allies, as morally repugnant for the indiscriminate carnage it can cause long after the combatants have gone.
The Pentagon’s central defense against such proscriptions is that the “dud rate” of the American weapons — the number of bomblets that do not explode and are left on the battlefield — is down to 2.35 percent, as compared to Russia’s alleged 40 percent. In 2008, the Pentagon set a limit of 1 percent on cluster munitions, and Congress has since banned the use, production or transfer of weapons over that rate. Even the 2.35 percent rate, an average, may be misleading. As John Ismay reported in the The Times on Saturday, the cluster munitions in question may include an older type known to have a failure rate of 14 percent or more. That could leave the land littered with unexploded duds.
The White House bypassed Congress by invoking a provision of the Foreign Assistance Act that allows the president to disregard arms export restrictions if he deems the aid to be a vital national security interest. Several members of Congress have denounced the export of these weapons and will add an the amendment to the annual defense bill that would prohibit export of almost all cluster munitions.
This board has consistently supported the supply of arms to Ukraine by the United States and its allies. Ukraine is battling an invader prepared to use all sorts of weapons, including indiscriminate shelling of civilian targets. It needs and deserves help.
But providing weapons that much of the world justifiably condemns is wrong. The United States had wisely started to move away from the use of cluster munitions. To now disregard the long-term consequences of these weapons would undermine one of the fundamental reasons to support Ukraine — to defend the norms that secure peace and stability in Europe, norms that Russia violated so blatantly. Encouraging the use and proliferation of these weapons could weaken the support of allies who until this point have rallied behind American leadership.