Summary: Non-signatory China acknowledges the humanitarian concerns over cluster munitions but has taken no steps to join the convention. It has participated as an observer in the convention’s meetings but abstained from voting on a key United Nations (UN) resolution on the convention in December 2018. China has acknowledged that it produces, exports, and stockpiles cluster munitions, but says 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 Eighth Meeting of States Parties in Geneva in September 2018, where it made a statement praising the convention as “an important humanitarian achievement” that it has “made significant progress over the previous eight years leading to decreased production, transfer and use.” [1]

Since 2014, China has stated that it “ascribes to the goal and principles” of the convention. [2] At the same time it states that it “cannot join the convention at the moment…due to our national defence needs.” [3]

China has regularly reiterated its desire to establish the principle that “the users of cluster munitions, particularly those who massively used cluster munitions on other countries’ territory, shall effectively shoulder the responsibility for their clearance.” [4] It has long objected to how the convention was negotiated outside of UN auspices. [5]

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

China has participated as an observer in every Meeting of States Parties of the convention, the First Review Conference in 2015, and intersessional meetings Geneva in 2011–2014. Its representatives have readily met with Cluster Munition Coalition (CMC) representatives and Monitor researchers to discuss China’s views on cluster munitions and position on joining the convention.

In December 2018, China abstained from the vote on a key UN General Assembly (UNGA) resolution that calls on states outside the Convention on Cluster Munitions to “join as soon as possible.” [8] China has never explained why it has abstained from voting on the annual UNGA resolution promoting the convention since it was first introduced in 2015.

China voted in favor of a 2015 UN Security Council (UNSC) resolution that expressed concern at evidence of cluster munition use by Sudan. [9] China voted in favor of a 2014 UNSC resolution expressing concern at the use of cluster munitions in South Sudan. [10]

China is not party to the Mine Ban Treaty.

China is party to the Convention on Conventional Weapons (CCW). China used to view existing international humanitarian law as sufficient to deal with the harm associated with cluster munitions, but in 2008, it supported efforts to create a new CCW protocol on cluster munitions. China has not proposed any new CCW work on cluster munitions since 2011, when states failed to agree to a draft CCW protocol on cluster munitions. Thus effectively ending CCW deliberations on the topic and leaves the Convention on Cluster Munitions as the sole instrument dedicated to ending human suffering caused by these weapons.

Use

China has repeatedly stated that it has never used cluster munitions anywhere in the world. [11] In September 2018, China told States Parties that it “never uses” cluster munitions. [12] Previously, in 2017, China said it “has never used cluster munitions outside its territory.” [13]

Production and stockpiling

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

State-owned company China Northern Industries (NORINCO) produces a range of conventional air-dropped and ground-launched cluster munitions including bombs, artillery projectiles, and rockets. The Sichuan Aerospace Industry Corporation, a subsidiary of state-owned China Aerospace Science and Technology Corporation (CASIC), 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 2012, China’s Baicheng Weapon Test Center provided information on a terminal sensing sub-projectile cluster munition rocket. [15] Additionally, several 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/antimateriel; CEM = combined effects munition; SFW = sensor fuzed weapon.

State-owned CASIC has developed the SY300 and SY400, 300mm and 400mm munitions, respectively, with dual-purpose submunitions and blast fragmentation warhead options. [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 2016, China’s military TV channel reportedly broadcast footage of a CASIC DF-16B medium-range ballistic missile capable of delivering a cluster munition warhead over 800–1,000 kilometers. [20]

Transfers

There is no transparency on China’s experts and transfers of cluster munitions. However, cluster munition remnants of Chinese origin have been found in countries including Iraq, Israel, Lebanon, and Sudan:

• Deminers in Iraq cleared a DPICM submunition of Chinese origin called Type-81 in 2003. [21] The United States (US) military’s unexploded ordnance identification guide also identifies the Chinese 250kg Type-2 dispenser as being present in Iraq. [22]
• 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. [23]
• Deminers in southern Lebanon have also found DPICM submunitions fired from 122mm rockets.
• A Rockeye-type cluster bomb with Chinese language external markings was documented in Yei, Sudan in 2006.

In September 2017, China told States Parties that it has “a prudent and responsible attitude” regarding exports of cluster munitions, stating “We do not export military products to countries under Security Council embargoes and sanctions and do not provide weapons to non-state actors or individuals.” [24] In 2012, a government official said that China’s “strict policy on exporting weapons” applies to cluster munition transfers. [25]