Policy

The People’s Republic of China has not acceded to the Convention on Cluster Munitions.

In September 2013, a government representative told States Parties that the convention “is an important achievement in addressing the humanitarian problems caused by cluster munitions” and acknowledged “significant progress has been made in terms of universality of the Convention, destruction of storage and stockpile, victim assistance and clearance of cluster munition remnants.”[1] The representative stated that “China is of the hope that the international community continue working for a realistic and feasible solution to the issue of cluster munitions, taking into consideration both humanitarian concerns and legitimate military needs of each country” but in this connection noted its “active and constructive part in relevant international efforts under the framework of the Convention on Certain Conventional Weapons.”[2]

Until 2008, China stated that existing international humanitarian law was sufficient to deal with the issue of cluster munitions. It then threw its support behind a proposed cluster munitions protocol of the framework of the Convention on Conventional Weapons (CCW) to which it is party. In November 2011, the CCW’s Fourth Review Conference failed to agree on a draft protocol on cluster munitions and China has not proposed that the CCW address the matter of cluster munitions in the period since.

China did not participate in the Oslo Process that produced the Convention on Cluster Munitions.[3] When the convention was opened for signature in Oslo in December 2008, China issued a statement saying that it would continue to work for an “early and proper solution on the humanitarian problems arising from cluster bombs.”[4]

Despite not joining, China has participated in the work of the Convention on Cluster Munitions. It has attended, as an observer, every meeting of States Parties, including the Fourth Meeting of States Parties in Lusaka, Zambia in September 2013, as well as intersessional meetings of the convention held in Geneva in April 2014 and June 2011.

China, in its capacity as a permanent member of the UN Security Council, endorsed a resolution on 27 May that expressed concern over the use of cluster munitions in South Sudan.[5]

China is not party to the Mine Ban Treaty.

Use

China has repeatedly stated that it has never used cluster munitions anywhere in the world.[6] In September 2013, China described the “irresponsible use and transfer” of cluster munitions as “the main cause of global humanitarian concerns” and urged that Convention on Cluster Munitions States Parties “explicitly establish the ‘the user to clear’ principle, i.e. the users of cluster munitions shall bear the responsibility for clearance of cluster munition remnants.”[7]

Production, transfer, and stockpiling

China has acknowledged to the Monitor that it produces, stockpiles, and exports cluster munitions.

In March 2012, a government official stated that “China has a strict policy on exporting weapons including cluster munitions. Export of such weapons should not go against China’s relevant laws and regulations, and that without export license issued by the competent authorities [sic] is also not allowed.”[8]

China Northern Industries (NORINCO) produces a range of conventional air-dropped and surface-launched cluster munitions including bombs, artillery projectiles, and rockets. The Sichuan Aerospace Industry Corporation produces and markets 302mm (WS-1, WS-1B, and WS-1E) and 320mm (WS-2) unguided multiple-launch surface-to-surface artillery rockets. Among the warheads available for these rockets are “armor-defeating and killing double use cluster,” “comprehensive effect cluster,” and “sensor fused cluster.”[9] In April 2012, China’s Baicheng Weapon Test Center provided information on a terminal sensing sub-projectile cluster munition rocket.[10] Additionally, a number of China’s ballistic missile systems are reported to have warheads that contain conventional explosive submunitions, but few details are available.[11]

Cluster munitions produced in China[12]

  Note: DPICM = dual purpose improved conventional munitions; AP = Antipersonnel; AT = Antitank; APAM = Antipersonnel/Antimaterial; CEM = Combined Effects Munition; SFW = Sensor Fuzed Weapon.

In 2010, China stated that it “always takes a cautious and responsible attitude towards the transfer of arms including…cluster munitions.”[13] While the full extent of Chinese exports of cluster munitions is not known, cluster munition remnants of Chinese origin have been found in Iraq, Israel, Lebanon, and Sudan. Hezbollah fired more than 100 Chinese Type-81 122mm rockets containing Type-90 (also called MZD-2) dual purpose improved conventional munition (DPICM) submunitions into northern Israel in July/August 2006. Submunitions from these weapons were also found in southern Lebanon by UN and Lebanese deminers after the cessation of the conflict.[14]

Another type of DPICM submunition of Chinese origin, called Type-81, was found and photographed by American deminers in Iraq in 2003.[15] The United States (US) military’s unexploded ordnance identification guide also identifies the Chinese 250kg Type-2 dispenser as being present in Iraq.[16] Additionally, the NGO Landmine Action identified a Rockeye-type cluster bomb with Chinese language external markings in Yei, Sudan in October 2006.