Unleashing Destruction: Unraveling Russia’s Suspected Cluster Munition Attack in Ukraine

Apparent Russian Cluster Munition Attack in Ukraine: A Possible War Crime

Background

On July 8, 2023, an apparent Russian cluster munition attack took place in the residential district of Lyman, Ukraine, resulting in the death of nine civilians and injuring more than a dozen others. The attack is part of a series of cluster munition attacks carried out by Russia since the beginning of its invasion of Ukraine in 2022. These attacks have caused civilian casualties, damaged civilian infrastructure, and contaminated agricultural land. Cluster munitions are considered indiscriminate weapons and their use is prohibited due to the long-term danger they pose to civilians.

Investigation and Evidence

Human Rights Watch conducted an investigation into the attack, interviewing witnesses and analyzing photos, videos, satellite imagery, and official information. The organization concluded that the attack was carried out with a 9M55K-series Smerch cluster munition rocket containing 72 9N235 fragmentation submunitions. The remnants of the munition found at the scene and the pattern of damage observed are consistent with the dispersion of pre-formed metal fragments from submunitions. The range of the rocket indicates that it was launched from Russian-occupied territory, as Lyman is well within its reach.

Impact on Civilians and Infrastructure

The attack targeted a densely populated neighborhood where residents gathered to trade dairy products and fresh produce. The victims included people buying and selling items, as well as nearby pedestrians. The attack caused the death of a woman with a serious head injury and two other injured individuals reportedly died the next day. Nineteen civilians were wounded, with the most severe cases transferred to hospitals in nearby cities.

The detonation of multiple submunitions damaged a car parts store and destroyed three cars. Three more cars and a single-story house were also damaged by the explosions. Despite the presence of a railway hub in the area, analysis confirmed that the railway was out of service and therefore could not constitute a legitimate military target.

Russia‘s Use of Cluster Munitions in Ukraine

Despite Russia‘s denial of using cluster munitions in Ukraine, Human Rights Watch has documented multiple cluster munition attacks by Russian forces that resulted in significant civilian casualties. These attacks have occurred in various locations, including Vuhledar, Kharkiv, Mykolaiv, Chernihiv, and Kherson. The use of cluster munitions in civilian areas violates international humanitarian law and poses a serious risk to civilian lives.

International Response and Criticism

The transfer of stockpiled US cluster munitions to Ukraine, approved by US President Joe Biden, has been widely criticized. Human Rights Watch strongly condemns any use or transfer of cluster munitions by any actor under any circumstances. Neither Russia nor Ukraine has joined the 2008 Convention on Cluster Munitions, which comprehensively bans these weapons and requires the destruction of stockpiles and assistance to victims.

Analysis and Discussion

The Indiscriminate Nature of Cluster Munitions

The use of cluster munitions in conflicts has long been a topic of concern due to their indiscriminate nature. These weapons disperse large numbers of submunitions over a wide area, posing a significant risk to civilians. Many submunitions fail to explode on impact and act as de facto landmines, endangering civilians long after the conflict has ended. The prohibition on cluster munitions is based on the recognition that their use violates the principle of distinction, which requires parties to a conflict to distinguish between military targets and civilians.

Implications for International Humanitarian Law

The apparent Russian cluster munition attack on Lyman should be seen as a violation of international humanitarian law. The attack resulted in civilian casualties and damage to civilian infrastructure, constituting a possible war crime. Parties to a conflict have a responsibility to ensure that their military operations comply with the principles of distinction, proportionality, and precautions in attack. The use of cluster munitions in areas with civilians directly contradicts these principles, and those responsible for such attacks should be held accountable.

Accountability and the Role of International Bodies

It is crucial that an independent and thorough investigation be carried out into the attack on Lyman. International bodies such as the International Criminal Court (ICC) and the United Nations should play a key role in ensuring accountability. The ICC has the mandate to investigate and prosecute individuals responsible for war crimes, including those committed during armed conflicts. The United Nations should continue to exert diplomatic pressure on Russia and Ukraine to adhere to their obligations under international humanitarian law and take steps to protect civilian populations.

Editorial and Advice

Ending the Use and Transfer of Cluster Munitions

The recent attack on Lyman and the ongoing use of cluster munitions in Ukraine highlight the urgent need for a global ban on these weapons. The international community, including Russia, Ukraine, and the United States, should join the 123 countries that have signed or ratified the 2008 Convention on Cluster Munitions. This would not only prohibit the use and transfer of cluster munitions but also require the destruction of existing stockpiles, clearance of contaminated areas, and support for victims.

Protecting Civilians in Conflict

Ensuring the protection of civilians in armed conflicts should be a priority for all parties involved. Russia and Ukraine, as well as other states, should fully adhere to international humanitarian law and take all necessary measures to prevent civilian harm. This includes refraining from the use of indiscriminate weapons such as cluster munitions and ensuring that military operations are carried out with due regard for civilian lives and infrastructure.

International Cooperation for Peace

The conflict in Ukraine continues to cause immense suffering and loss of life. The international community must work together to find a peaceful and diplomatic resolution to the conflict. Diplomatic efforts, including dialogue, mediation, and negotiation, should be pursued to bring an end to the violence and ensure a lasting solution that respects the rights and aspirations of all parties involved.

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