Policy

The Russian Federation has not acceded to the Convention on Cluster Munitions. Russia attended the International Conference on the Convention on Cluster Munitions in Santiago, Chile in June 2010, but did not make any statements.

The Deputy Minister of Foreign Affairs has stated that Russia “cannot agree to the classifications and restrictions of cluster munitions outlined in [the Convention on Cluster Munitions] because they were established with disregard for the input from the Russian Federation. Therefore, we are not considering the ratification.”[1] Russia has also said that “the definitions of cluster munitions and their prohibition” were decided “with no account for Russia’s opinion and groundless and we cannot accept them.”[2]

Russia did not participate in the diplomatic Oslo Process in 2007 and 2008 that produced the Convention on Cluster Munitions. However, it did attend as an observer the European Regional Conference on Cluster Munitions in Brussels in October 2007.

In a statement released at the opening of the convention for signature in Oslo in December 2008, the Ministry of Foreign Affairs stated that cluster munitions are “a legitimate type of weapon that is not banned by international humanitarian law and plays a significant role in the defense interests of Russia…. We cannot stop using [cluster munitions]. We base our attitude to cluster munitions on a balance of humanitarian and defense interests. We are against unjustified restrictions and bans on cluster munitions.”[3] Similar language was included in a September 2009 letter to the CMC.[4]  

The Ministry of Foreign Affairs also noted that “Russia admits that the use of cluster munitions in the course of armed conflicts in recent years has had serious negative consequences. Seeking to make our contribution to their solution, we participate in negotiations in Geneva on this subject under the Inhumane Weapons Convention [Convention on Conventional Weapons].” [5] 

Convention on Conventional Weapons

Russia is party to the Convention on Conventional Weapons (CCW), and ratified Protocol V on explosive remnants of war on 21 July 2008. Russia has said in recent years that it considers the CCW the most appropriate forum for dealing with cluster munitions, claiming that it involves the major users and producers of cluster munitions.

However, Russia has been among the states most opposed to pursuing any work internationally on cluster munitions, even in the CCW.^[6] In 2005, as other states began to look seriously at how to deal with the humanitarian problems caused by cluster munitions, Russia argued that the problems associated with cluster munition use are “mythical.”^[7] In November 2006, Russia rejected a proposal for a mandate to negotiate in the CCW a legally-binding instrument “that addresses the humanitarian concerns posed by cluster munitions.”^[8]In November 2007, Russia continued to oppose a mandate to negotiate a legally-binding instrument and would only commit to negotiate a “proposal” as opposed to a legally-binding “Protocol.”^[9] In November 2008, after Russia and Georgia both used cluster munitions in their August conflict, Russia maintained that it was “premature to talk about a protocol” on cluster munitions.

In November 2009, Russia stated that it supported the continuation of work on cluster munitions in the CCW in 2010, but was not prepared to support concrete language mandating the CCW to negotiate a legally-binding protocol. It said that it would not object to a legally-binding instrument “so far as its main parameters would suit us and the main producers and stockpilers of cluster munitions.” It said it was willing to work on a “document” on cluster munitions, and expressed the view that there was already agreement on “significant and serious measures.”^[10]

During CCW deliberations in 2009 and 2010 through July, Russia favored retaining an optional approach to regulations on cluster munitions “where states can select what they consider appropriate” to their requirements. It has supported the inclusion of a transition period of sufficient length “to meet the economic and organizational requirements of all states.”[11] Russia has said that since it has a “large stockpile” of cluster munitions “stored throughout the state,” the disposal of a wide range of obsolete cluster munitions types would be time consuming and result in “a significant financial expenditure,” comparable to the US$2.2 billion estimated by the US to destroy the US stockpile.[12] Russia has opposed definitions of “cluster munition” and “cluster munition victim” that mirror the Convention on Cluster Munitions.[13]

Russia is not party to the Mine Ban Treaty.

Use

The Soviet Union used cluster munitions in 1943 against German armed forces during World War II and from 1979–1989 in Afghanistan.[14] Russia used cluster munitions in Chechnya from 1994–1996 and again in 1999.[15]

Russia most recently used cluster munitions in the August 2008 conflict with Georgia. According to Human Rights Watch (HRW), Russian cluster munition strikes on populated areas killed 12 civilians and injured 46 more. Clearance personnel have found Russian air-dropped AO-2.5 RTM and rocket-delivered 9N210 submunitions, delivered by RBK aerial bombs and Uragan ground rockets, respectively. Russia used cluster munitions in or near nine towns and villages in the Gori-Tskhinvali corridor south of the South Ossetian administrative border.[16]

Russia has denied using cluster munitions in Georgia since the first reports about cluster use were published.[17]

Production and transfer

Russia, and historically the Soviet Union, is a major producer and exporter of cluster munitions. Additionally, a number of states inherited stocks of cluster munitions when the Soviet Union dissolved. According to the Ministry of Foreign Affairs, “Our records on the production, usage, and export of cluster munitions…are confidential and will not be publicized.”[18]

According to international technical reference materials, the following Russian companies are associated with the production of cluster munitions: Bazalt State Research and Production Enterprise (air-dropped bombs), Mechanical Engineering Research Institute (120mm, 152mm, and 203mm artillery projectiles), and Splav State Research and Production Enterprise Rocket (122mm, 220mm, and 300mm rockets).[19]

Cluster munitions of Russian/Soviet origin are reported to be in the stockpiles of the following 34 states:[20] Algeria, Angola, Azerbaijan, Belarus, Bulgaria,[21] Republic of the Congo, Croatia, Cuba, Czech Republic,[22] Egypt, Hungary,[23] Georgia,[24] Guinea,  Guinea-Bissau, India,[25] Iran, Iraq, Kazakhstan, North Korea, Kuwait,[26] Libya, Moldova,[27] Mongolia, Peru,[28] Poland,[29] Romania, Slovakia, Sudan, Syria, Turkmenistan, Uganda, Ukraine, Uzbekistan, and Yemen.  

Stockpiling

According to the Ministry of Foreign Affairs, “The quantity and types of cluster munitions stockpiled in the Russian Ministry of Defence are confidential and will not be publicized.”[30] It is thought that Russia possesses a significant stockpile of cluster munitions which could number into the hundreds of millions of submunitions.

DPICM=Dual purpose improved conventional munition

A number of international reference sources note that at least two Russian/Soviet ballistic missile systems are equipped with submunition payloads—the R-65/70 Luna M (FROG-7) and Iskander (SS-26)—but confirmed details are not publicly available.[31]