Finland

The Republic of Finland has not signed the Convention on Cluster Munitions. Finland participated in the Oslo Process from the outset, and adopted the convention at the end of the negotiations in Dublin in May 2008, but always expressed reservations about the process and the convention text.

Finland is party to the Convention on Conventional Weapons (CCW) and ratified Protocol V on Explosive Remnants of War on 23 March 2005. Finland has been an active participant in and supporter of the work on cluster munitions in the CCW in recent years.

Cluster Munition Ban Policy

Finland engaged with the issue of cluster munitions at the CCW Third Review Conference in November 2006 as President of the European Union (EU). Finland, on behalf of the EU, submitted a proposal for a mandate specifically on cluster munitions, calling for the establishment of a Group of Governmental Experts (GGE) “to address the humanitarian impact of cluster munitions, with the purpose of elaborating recommendations for further action in the CCW.”^[1] When the EU proposal did not garner consensus, Finland stated, on behalf of the EU, that “we all share the responsibility in ensuring that this matter be dealt with urgently and effectively, and the CCW provides an appropriate forum for this.”^[2]

However, Finland did not then join 25 nations in supporting a declaration calling for an international agreement that would prohibit the use of cluster munitions “within concentrations of civilians,” prohibit the use of cluster munitions that “pose serious humanitarian hazards because they are for example unreliable and/or inaccurate,” and require destruction of stockpiles of such cluster munitions.^[3]

Finland was a participant throughout the Oslo Process, from the launch in Oslo in February 2007, to the three international diplomatic conferences to develop the convention text in Lima, Vienna, and Wellington, and as well the formal negotiations in Dublin in May 2008. However it attended the Oslo signing conference in December 2008 only as an observer.

At the first meeting of the Oslo Process in February 2007, Finland stated it was ready to participate in addressing the humanitarian problems caused by cluster munitions. It was one of 46 countries to endorse the Oslo Declaration, committing to conclude in 2008 a new international instrument banning cluster munitions that cause unacceptable harm to civilians.^[4]

At the Lima conference in May 2007, Finland began to call for a broad exception from a prohibition for cluster munitions with self-destruct and self-neutralization mechanisms. It said that cluster munitions with such technical features performed differently than those without. Finland stated that the military utility of cluster munitions should be taken into account in determining the extent of a prohibition and that only certain cluster munitions would need to be prohibited.^[5] It argued for a long timeframe for stockpile destruction due to the high financial, environmental, and technical costs. Finland also spoke of the need for a transition period to allow countries to replace the military capability of cluster munitions.^[6]

At the Vienna conference in December 2007, Finland reiterated that only certain cluster munitions caused unacceptable harm and stated that problems could be solved by improving their reliability. Finland expressed the view that a proper response to the dangers of cluster munitions would be effective implementation of existing international humanitarian law and CCW Protocol V on Explosive Remnants of War, and the banning of cluster munitions without self-destruct mechanisms. It said that a broad categorical ban would not be supported by the major users and producers.^[7]

At the Wellington conference in February 2008, Finland restated its arguments against a categorical ban, saying this would result in countries needing to use large quantities of unitary munitions and would actually increase harm to civilians.^[8] It also called for the inclusion of provisions to facilitate “interoperability” (joint military operations with states not party).^[9] Finland associated itself with the so-called “like-minded” group that put forth a number of proposals strongly criticized by the CMC as weakening the draft text. It supported the joint statement of the like-minded group at the end of the conference expressing disappointment with the proceedings and the unwillingness to incorporate their proposals into the draft text.^[10] Finland subscribed to the Wellington Declaration, indicating its intention to participate fully in the formal negotiations in Dublin, but stated that as the draft stood, Finland was not prepared to support it.^[11]

At the Dublin Diplomatic Conference in May 2008, Finland refined its position to advocate for an exception for cluster munitions with electronic self-destruction mechanisms.^[12] It was skeptical of some of the technical criteria that ended up in the convention, saying that limiting the number of submunitions would not be effective and would result in the massive use of unitary munitions, while weight restrictions would only result in the creation of bigger bombs.^[13] It continued to lobby for provisions on interoperability.^[14]

Finland joined consensus on the adoption of the convention. While stating that the new convention would be a remarkable milestone in international humanitarian law and victim assistance, Finland did not make a commitment to sign, saying that the text would be “carefully considered in capital.”^[15]

On 29 October 2008, as part of the Global Week of Action on cluster munitions, the Peace Union of Finland and the Committee of 100 delivered a petition to Minister of Foreign Affairs Alexander Stubb urging Finland to sign in Oslo. The Red Cross of Finland, Finnish UNICEF and FinnChurchAid also made a joint appeal to the government and participated in a press conference and seminar on the issue. The Ban Bus, a mobile advocacy initiative to promote awareness on cluster munitions and the convention, stopped in Helsinki during its 12,000km trip through 18 European countries. This coincided with a presentation on the Oslo Process in the Finnish parliament.^[16]

On 31 October 2008, Finland announced that it would not sign the convention in Oslo.^[17] Minister of Defense Jyri Häkämies stated that “cluster munitions play an important role in the credibility [and] autonomy…of Finnish defense.” The Finnish military claimed that due to costs and other factors it would not be possible to replace Finland’s stockpile of cluster munitions with alternative weapons within five to 10 years.^[18] Finland has also cited security concerns over its border with Russia for its refusal to sign the convention.^[19]

Finland was represented at the Oslo signing conference by its ambassador to Norway, but did not make a statement to the plenary.

In February 2009, the Ministry of Foreign Affairs told Human Rights Watch that “the Cluster Munitions Convention will be discussed again after an evaluation of defence capabilities has been carried out and the international development work along with the supply and cost options of cluster munitions have been analysed. The Cabinet Committee on Foreign and Security Policy will follow the situation on an annual basis.”^[20]

In February, the Ministry of Foreign Affairs also stated, “Finland considers the Cluster Munition Convention significant from the humanitarian perspective and supports the objective of the Convention and efforts to make the Convention universal. Finland will participate in the implementation of the Cluster Munitions Convention through humanitarian mine action.”^[21]

Use, Production, Stockpiling, and Transfer

According to the Ministry of Foreign Affairs, “Finland does not produce cluster munitions nor has is never [sic] used them.”^[22]

In 2005, a Spanish company announced that it was going to co-produce with the Finnish defense company Patria^[23] a 120mm mortar projectile with submunitions.^[24] In 2006, Patria advertised a 120mm mortar projectile that contains 21 submunitions, stating that the dual purpose submunitions contain “electronic fusing…which involves both self-destruction and self-neutralization features, guarantees zero risk of dangerous duds.”^[25] During the Dublin negotiations in May 2008, Finland said that it was in the process of acquiring electronically-fuzed cluster munitions from a Spanish manufacturer.^[26] However, there is no indication that a production line was ever opened up, and the deal was cancelled in light of Spain’s decision to sign the Convention on Cluster Munitions.^[27]

Finland has acknowledged possessing one type of cluster munition, the DM-662 155mm artillery projectile which contains 49 dual purpose improved conventional munition (DPICM) submunitions with back-up self-destruct fuzes.^[28]

In January 2006, the Dutch Ministry of Defense announced the transfer of 18 multiple launch rocket system (MLRS) launchers to Finland.^[29] It was reported that 400 M26 rockets (each containing 644 M77 DPICM submunitions) were to be included in the sale for qualification testing and conversion into training rockets.^[30]