China

The People’s Republic of China has not signed the Convention on Cluster Munitions. It did not participate in the diplomatic process in 2007 and 2008 that resulted in the development, negotiation and then signing of the convention in Oslo in December 2008. At that time, a spokesperson stated that China would continue to work for an “early and proper solution on the humanitarian problems arising from cluster bombs.”^[1]

China is party to the Convention on Conventional Weapons (CCW), but has yet to ratify Protocol V on Explosive Remnants of War. In a statement at the First Conference of the States Parties to Protocol V in 2007, China stated that it “will continue to actively promote domestic legal procedures for the ratification of the Protocol, with the aim of acceding to it at an early date.”^[2]

Cluster Munition Ban Policy

China has for years stated that the CCW is the only appropriate forum to address cluster munitions, and until 2008 took the position that Protocol V and existing international humanitarian law (IHL) were sufficient to deal with the issue. During the work of the CCW Group of Governmental Experts (GGE) sessions in Geneva in 2005, China noted that “the ERW Protocol has covered general generic preventative measures aimed at improving the reliability of munitions, which will be conducive to addressing the humanitarian problems caused by munitions, including submunitions.”^[3]

When CCW States Parties decided in November 2007 to spend the next year debating a new approach to cluster munitions, China was among a small group of states that viewed existing IHL and CCW rules as adequate. It did not support a new protocol, but was willing to continue discussions, since in its view “only in the framework of the CCW can relevant efforts achieve realistic and feasible significance.”^[4]

CCW States Parties failed to reach agreement on a draft protocol on cluster munitions in November 2008, but China stated its support, saying that the draft text had “managed to address military needs and humanitarian concerns in a relatively balanced way.”^[5]

Use, Production, Stockpiling, and Transfer

China is not known to have used cluster munitions, but it produces, stockpiles, and exports the weapons.

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.”^[6] Additionally, a number of China’s ballistic missile systems are credited with having warheads that contain conventional explosive submunitions, but few details are available.^[7]

Cluster Munitions Produced in China^[8]

While the full extent of Chinese exports of cluster munitions is not known, explosive remnants of war from cluster munitions of Chinese origin have been found in Iraq, Israel, Lebanon, and Sudan. The non-state armed group Hezbollah fired over 100 Chinese Type-81 122mm rockets (containing Type-90 dual purpose improved conventional munition –DPICM– submunitions; these submunitions are also called MZD-2) 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.^[9]

Another type of DPICM submunition of Chinese origin, called Type-81, was found and photographed by American deminers in Iraq in 2003.^[10] The United States military’s unexploded ordnance identification guide also identifies the Chinese 250kg Type-2 dispenser as being present in Iraq.^[11] Additionally, the NGO Landmine Action photographed a Rockeye type cluster bomb with Chinese-language external markings in Yei, Sudan in October 2006.