Summary: Non-signatory China acknowledges the humanitarian rationale for the convention, but is not considering accession at this time. It has participated as an observer in all of the convention’s annual meetings, including the First Review Conference in September 2015, and made statements providing its national position. China abstained from voting on a UN resolution on the convention in December 2015. China has acknowledged that it produces, stockpiles, and exports cluster munitions, but states that it has never used them.

Policy

The People’s Republic of China has not acceded to the Convention on Cluster Munitions.

China participated as an observer in the convention’s First Review Conference in Dubrovnik, Croatia in September 2015. In its address to the high-level segment of the meeting China did not directly address its position on accession to the convention, but affirmed that it “pursues responsible and prudent policies on the management of clustered [sic] munitions,” and said “China has never deployed cluster munitions outside its territory.”[1]

China praised the progress made under the convention to alleviate “humanitarian consequences from the indiscriminate use of cluster munitions” and told States Parties:

The Convention on Cluster Munitions is an important achievement in the lofty cause of international humanitarianism. We are happy to witness the heartening progress achieved since the Convention entered into force 5 years ago, with production, use and transfer of cluster munitions considerably reduced, substantial progress made in stockpile destruction and clearance and risk reduction, and victim assistance and international cooperation significantly enhanced.[2]

China said it has “made great efforts” since the 1990s to address its problem with landmines and explosive remnants of war in its southern border regions and noted the international support it provides for the clearance of cluster munition remnants and to assist victims. China reiterated its long-held view on the “vital importance to explicitly establish the principle that the users of cluster munitions, particularly those who used cluster munitions on other countries’ territory, shall bear the primary responsibility for their clearance.”

Previously, in September 2014, China acknowledged the humanitarian rationale for the convention, but informed the States Parties that it was not considering accession “at this stage” because of “national conditions and national defence needs.” It did, however, affirm for the first time that “China ascribes to the goal and principles” of the convention.[3]

China had in previous years objected to how the convention was negotiated outside of UN auspices.[4]

Until 2008, China stated that existing international humanitarian law was sufficient to deal with the issue of cluster munitions. It then supported a proposed cluster munitions protocol in the Convention on Conventional Weapons (CCW) to which it is party. The CCW’s Fourth Review Conference in 2011 failed to agree to a new protocol on cluster munitions, effectively ending deliberations on the topic. In its address to the Convention on Cluster Munitions First Review Conference in September 2015, China said it “has been actively engaged in the effort to address humanitarian concerns caused by cluster munition[s]” via the CCW.[5] However it has not made any new proposals since 2011 for the CCW to work on cluster munitions again.

China did not participate in the Oslo Process that produced the Convention on Cluster Munitions.[6] When the convention was opened for signature in Oslo in December 2008, China issued a statement saying that it would continue to work for an “early and proper solution on the humanitarian problems arising from cluster bombs.”[7]

On 7 December 2015, China abstained from the vote on a UN General Assembly (UNGA) resolution on the Convention on Cluster Munitions, which urges states outside the convention to “join as soon as possible.”[8] China did not explain why it abstained on the non-binding resolution adopted by 140 votes, including by many non-signatories.

In its statement to the convention’s First Review Conference, China described how it has engaged in the work of the convention without acceding, stating:

China ascribes to the goal and principles of the Convention and highly appreciates the humanitarian spirit embodied in the Convention. For years, China has maintained close exchanges and cooperation with member states and ISU [implementation support unit] of the Convention, and attended all the previous Meetings of States Parties.[9]

China has participated as an observer in every Meeting of States Parties of the convention as well as the First Review Conference and its two preparatory meetings held in Geneva in February and June 2015. It attended the convention’s intersessional meetings in Geneva in 2011 and 2013–2014. China’s delegation to these meetings has readily met with CMC representatives and Monitor researchers to discuss its position on the convention and contributions to humanitarian efforts to eradicate cluster munitions.

China has expressed concern at the use of cluster munitions in its capacity as a member of the UN Security Council. It voted in favor of a June 2015 resolution that expressed concern at evidence of cluster munition use by the government of Sudan and reiterated a call by the UN Secretary-General for Sudan to “immediately investigate the use of cluster munitions.”[10] In May 2014, China voted in favor of a UN Security Council resolution expressing concern at the use of cluster munitions in South Sudan.[11]

China is not party to the Mine Ban Treaty.

Use

China has repeatedly stated that it has never used cluster munitions anywhere in the world.[12]

Production, transfer, and stockpiling

China has acknowledged to the Monitor that it produces, stockpiles, and exports cluster munitions.

In March 2012, a government official stated that “China has a strict policy on exporting weapons including cluster munitions. Export of such weapons should not go against China’s relevant laws and regulations, and that without export license issued by the competent authorities [sic] is also not allowed.”[13]

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, a subsidiary of state owned China Aerospace Science and Technology, 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.”[14] In April 2012, China’s Baicheng Weapon Test Center provided information on a terminal sensing sub-projectile cluster munition rocket.[15] Additionally, a number of China’s ballistic missile systems are reported to have warheads that contain conventional explosive submunitions, but few details are available.[16]

Cluster munitions produced in China[17]

Note: DPICM=dual-purpose improved conventional munitions; AP=antipersonnel; AT=antitank; APAM=antipersonnel/antimaterial; CEM=combined effects munition; SFW=sensor fuzed weapon.

State owned China Aerospace Science and Industry has developed the SY300 and SY400, 300 mm and 400 mm munitions, respectively. Among the warhead options are dual-purpose submunitions and blast fragmentation warheads.[18] The China Precision Machinery Import and Export Corporation promoted the SY300, SY400, and P12 systems at the IDEX 2015 fair in Abu Dhabi.[19]

In February 2016, China’s military TV channel reportedly broadcast footage of a China Aerospace Science and Industry Corporation DF-16B medium-range ballistic missile capable of delivering a cluster munition warhead over a distance of 800–1,000 kilometers.[20]

While the full extent of Chinese exports of cluster munitions is not known, cluster munition remnants of Chinese origin have been found in Iraq, Israel, Lebanon, and Sudan. Hezbollah fired more than 100 Chinese Type-81 122mm rockets containing Type-90 (also called MZD-2) dual-purpose improved conventional munition (DPICM) submunitions 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.[21]

Another type of DPICM submunition of Chinese origin, called Type-81, was found and photographed by United States (US) deminers in Iraq in 2003.[22] The US military’s unexploded ordnance identification guide also identifies the Chinese 250kg Type-2 dispenser as being present in Iraq.[23] Additionally, the NGO Landmine Action identified a Rockeye-type cluster bomb with Chinese language external markings in Yei, Sudan in October 2006.

According to a 2016 report, at least 29 Chinese financial entities are involved in investments in manufacturers of cluster munitions.[24]