Did the U.S. Lie About Using Cluster Bombs in Iraq?

A shorter version of this piece appears in this week's Nation Magazine.

Did the U.S. military use cluster bombs in Iraq in 2006 and then lie about it? Does the U.S. military keep the numbers of rockets and cannon rounds fired from its planes and helicopters secret because more Iraqi civilians have died due to their use than any other type of weaponry?

These are just two of the many unanswered questions related to the largely uncovered air war the U.S. military has been waging in Iraq.

What we do know is this: Since the major combat phase of the war ended in April 2003, the U.S. military has dropped at least 59,787 pounds of air-delivered cluster bombs in Iraq -- the very type of weapon that Marc Garlasco, the senior military analyst at Human Rights Watch (HRW) calls, "the single greatest risk civilians face with regard to a current weapon that is in use." We also know that, according to expert opinion, rockets and cannon fire from U.S. aircraft may account for most U.S. and coalition-attributed Iraqi civilian deaths and that the Pentagon has restocked hundreds of millions of dollars worth of these weapons in recent years.

Unfortunately, thanks to an utter lack of coverage by the mainstream media, what we don't know about the air war in Iraq so far outweighs what we do know that anything but the most minimal picture of the nature of destruction from the air in that country simply can't be painted. Instead, think of the story of U.S. air power in Iraq as a series of tiny splashes of lurid color on a largely blank canvas.

Cluster Bombs

Even among the least covered aspects of the air war in Iraq, the question of cluster-bomb (CBU) use remains especially shadowy. This is hardly surprising. After all, at a time when many nations are moving toward banning the use of cluster munitions -- at a February 2007 conference in Oslo, Norway, 46 of 48 governments represented supported a declaration for a new international treaty and ban on the weapons by 2008 -- the U.S. stands with China, Israel, Pakistan, and Russia in opposing new limits of any kind.

Little wonder. The U.S. military has a staggering arsenal of these weapons. According to a recent Human Rights Watch report, the Army holds 88% of the Pentagon's CBU inventory -- at least 638.3 million of the cluster bomblets that are stored inside each cluster munition; the Air Force and Navy, according to Department of Defense figures, have 22.2 million and 14.7 million of the bomblets, respectively. And even these numbers are considered undercounts by experts.

A cluster bomb bursts above the ground, releasing hundreds of smaller, deadly submunitions or "bomblets" that increase the weapon's kill radius causing, as Garlasco puts it, "indiscriminate effects." It's a weapon, he notes, that "cannot distinguish between a civilian and a soldier when employed because of its wide coverage area. If you're dropping the weapon and you blow your target up you're also hitting everything within a football field. So to use it in proximity to civilians is inviting a violation of the laws of armed conflict."

Worse yet, U.S. cluster munitions have a high failure rate. A sizeable number of dud bomblets fall to the ground and become de facto landmines which, Garlasco points out, are "already banned by most nations on this planet." Garlasco adds: "I don't see how any use of the current U.S. cluster bomb arsenal in proximity to civilian objects can be defended in any way as being legal or legitimate."

In an email message earlier this year, a U.S. Central Command Air Forces (CENTAF) spokesman told this reporter that "there were no instances" of CBU usage in Iraq in 2006. But military documents suggest this might not be the case.

Last year, Titus Peachey of the Mennonite Central Committee -- an organization that has studied the use of cluster munitions for more than 30 years -- filed a Freedom of Information Act request concerning the U.S. military's use of cluster bombs in Iraq since "major combat operations" officially ended in that country. In their response, the Air Force confirmed that 63 CBU-87 cluster bombs were dropped in Iraq between May 1, 2003 and August 1, 2006. A CENTAF spokesman contacted for confirmation that none of these were dropped on or after January 1, 2006, offered no response. His superior officer, Lt. Col. Johnn Kennedy, the Deputy Director of CENTAF Public Affairs, similarly ignored this reporter's requests for clarification.