Summary: State Party Germany was among the first 30 ratifications to trigger the convention’s entry into force on 1 August 2010. A 2009 legislative amendment enforces its implementation of the convention. Germany has participated in all of the convention’s meetings and served as the convention’s first coordinator on stockpile destruction and retention in 2011–2013. Germany regularly promotes universalization of the convention and was a lead sponsor on a UN resolution on the convention in December 2015. It has condemned new use of cluster munitions, including in Syria. Germany has elaborated its views on several important issues relating to interpretation and implementation of the convention.

In its initial transparency report for the convention, provided in 2011, Germany confirmed it never used cluster munitions, but produced, exported, and imported them in the past. Germany completed the destruction of its stockpile of over 573,000 cluster munitions and nearly 63 million submunitions on 25 November 2015. During 2015, it destroyed 7,526 cluster munitions and 4.8 million submunitions. Germany is retaining 570 cluster munitions and 52,801 submunitions for training and research purposes, which is the highest number retained by any State Party.

Policy 

The Federal Republic of Germany signed the Convention on Cluster Munitions on 3 December 2008 and ratified on 8 July 2009. It was among the first 30 ratifications that triggered the convention’s entry into force on 1 August 2010.

Germany’s War Weapons Control Act was amended in June 2009 to enforce its implementation of the convention’s prohibitions and includes penal sanctions of up to five years imprisonment for violations.[1]

Germany submitted its initial Article 7 transparency report for the Convention on Cluster Munitions on 27 January 2011 and has provided annual updated reports ever since, most recently on 5 April 2016.[2]

Germany participated throughout the Oslo Process that produced the Convention on Cluster Munitions and its position evolved significantly to support an immediate and comprehensive prohibition on cluster munitions.[3]

Germany plays a leading role in the work of the convention. It hosted an international conference on the destruction of cluster munitions in Berlin in June 2009 and served as co-coordinator on stockpile destruction and retention in 2011–2013.

Germany participated in the convention’s First Review Conference in Dubrovnik, Croatia in September 2015, where it made several statements. In an address to the high-level segment of the meeting, Germany said the destruction of the final portion of its stockpiled cluster munitions “will be accomplished within the next few weeks.”[4] In November 2015, it announced the completion of stockpile destruction (see Stockpile destruction section below).

Germany has attended every Meeting of States Parties of the convention as well as intersessional meetings in Geneva in 2011–2015.

Promotion of the convention 

Germany has continued to promote universalization of the Convention on Cluster Munitions. At the First Review Conference in September 2015, Germany affirmed the importance of finding ways to illustrate how cluster munitions are “a terrible weapon which causes tremendous human suffering.” Together with Croatia and Handicap International, it hosted a “sitting volleyball” match by delegates and local players during the Review Conference.[5]

Germany was a lead sponsor on and voted in favor of a UN General Assembly (UNGA) resolution on the convention adopted on 7 December 2015, which urges all states outside the convention to “join as soon as possible.”[6] A total of 139 states voted in favor of the non-binding resolution, including many non-signatories.

Germany has condemned new use of cluster munitions, sometimes naming the states where use occurred, particularly Syria.[7] It has also expressed concern at reported use of cluster munitions in “Africa and eastern Europe.”[8]

At the First Review Conference in September 2015, Germany said, “we strongly condemn the reported use of cluster munition and call upon all governments and all actors to refrain from using these weapons.”[9]

Germany has condemned the use of cluster munitions in Syria since October 2012 when Minister of Foreign Affairs Guido Westerwelle condemned the cluster munition attacks “in the strongest terms.”[10] Germany has voted in favor of UNGA resolutions condemning the use of cluster munitions in Syria, most recently in December 2015.[11] It has voted in favor of four Human Rights Council resolutions condemning the use of cluster munitions in Syria.[12]

In September 2015, Germany welcomed the publication of Cluster Munition Monitor 2016, which it financially supported.[13]

Germany is a State Party to the Mine Ban Treaty. It is also party to the Convention on Conventional Weapons.

Interpretive issues 

In 2012 and 2013, Germany elaborated its views on several important issues relating to interpretation and implementation of the convention, including the prohibitions on assistance during joint military operations with states not party that may use cluster munitions, on transit, and investment in cluster munitions production.

During the negotiations of the convention, Germany advocated strongly for provisions on “interoperability” (joint military operations with states not party). In June 2012, the German Federal Foreign Office reaffirmed to the Monitor that prior to the convention’s entry into force “clear orders” were issued for the German armed forces that “forbade German soldiers from using cluster munitions themselves, and from requesting or ordering the use of cluster munitions.” The instructions also “further prohibited the transport of cluster munitions using Bundeswehr [Federal armed forces] vehicles and/or personnel. Ordering or assisting such transport was also banned.”[14] Germany’s implementation legislation prohibits the transit of cluster munitions.[15]

Germany has yet to express clear views on the prohibition on foreign stockpiling of cluster munitions, but United States (US) diplomatic cables made public by Wikileaks in 2011 show that Germany has engaged with the US on the matter of cluster munitions stored by the US in Germany.[16]

Germany’s implementation legislation does not explicitly prohibit investment in cluster munition production and in June 2013, the Federal Foreign Office reaffirmed its position, previously expressed to the Monitor that “the Federal Government expects the German private sector including financial institutions to implement their voluntary commitments aimed at disinvesting in business segments related to CM [cluster munitions]. It is following the relevant developments closely.”[17]

Motions submitted to and rejected by the German parliament in 2011 and 2012 called for Germany’s national implementation legislation to be amended to include a comprehensive ban on direct and indirect investment in cluster munition producers.[18]

In a June 2016 report, PAX identified three German financial institutions, Allianz, Siemens and Deutsche Bank, as investing in cluster munition production. Facing Finance and other German NGOs are campaigning to achieve a comprehensive ban on financing cluster munition production.[19]

Use, production, and transfer

Germany has never used cluster munitions according to the Federal Foreign Office.[20] It unilaterally renounced the use of all cluster munitions on 29 May 2008, the day before it adopted the Convention on Cluster Munitions in Dublin.[21]

In the past, German industry actively produced and exported cluster munitions. According to the Federal Foreign Office, Germany stopped production and transfer of cluster munitions in 2005.[22]

In its initial Article 7 report, Germany declared that “all former production capabilities were dismantled prior to 2008.”[23] The last known export was in 2004–2005 when Germany sent M26 rockets with submunitions to Slovakia.[24]

The company Diehl GmbH and numerous subcontractors were involved in the production of M26 rockets for the 227mm multiple launch rocket system (MLRS) as part of the MLRS European Producers Group.[25] Lenkflugkörpersysteme GmbH produced the MW-1 dispenser (that deploys submunitions) for aircraft.[26]

The company Rheinmetall produced several types of 155mm artillery projectiles containing dual-purpose improved conventional munition (DPICM) submunitions.[27] These were produced for the German armed forces as well as for export customers including Austria, Denmark, Finland, Greece, Italy (co-production), and Norway.[28]

Germany also imported cluster munitions from the United Kingdom (UK) and the US.

A consortium of Diehl, Gesellschaft für Intelligente Wirksysteme GmbH(GIWS), and Rheinmetall produce the SMArt-155 artillery projectile, a weapon that employs two submunitions but is not considered a cluster munition under the Convention on Cluster Munitions because it meets the five technical criteria set out by negotiators as necessary to avoid the negative effects of cluster munitions.[29] This has been produced for the German armed forces and for export customers Australia, Greece, Switzerland, and the UK.[30] The consortium granted licensed co-production rights to Alliant Techsystems in the US for the SMArt-155, and Alliant has marketed the munitions in the United Arab Emirates.

Stockpiling and destruction 

Germany once possessed a total of 573,700 cluster munitions containing 62,923,641 submunitions, as listed in the following table. It reported the highest number of cluster munition stocks out of the convention’s States Parties.

Cluster munitions stockpiled and destroyed by Germany[31]

Under Article 3 of the Convention on Cluster Munitions, Germany was required to destroy all stockpiled cluster munitions under its jurisdiction and control as soon as possible, but not later than 1 August 2018.

Germany completed the destruction of its stockpiled cluster munitions on 25 November 2015, just under three years in advance of the deadline.

During 2015, Germany destroyed 7,526 cluster munitions and 4,845,750 submunitions, which represented its last remaining stocks except the portion retained for training:

• 7,524 M26 rockets and 4,845,456 M77 submunitions by 25 November 2015; and
• Two BL-755 cluster bombs and 294 Mk.1 submunitions by 30 June 2015.[32]

On 25 November 2015, the Federal Foreign Office and Federal Ministry of Defence issued a joint statement announcing that, “the last Bundeswehr cluster bombs were destroyed today.”[33] The Federal Minister of Defence Ursula von der Leyen said, “the destruction of such a massive amount of munitions is another milestone in our work towards worldwide disarmament” and is a demonstration of Germany’s “capabilities and experience in explosive ordnance disposal.” The Federal Minister of Foreign Affairs Frank-Walter Steinmeier pledged that, “the German Government will continue to help other countries destroy their stockpiles and clear their territory of explosive mines and munitions,” stating, “our goal is and remains a worldwide ban on cluster munitions.”[34]

Germany often expressed its intent to complete stockpile destruction by the end of 2015 and provided regular updates on its progress.[35] It held an event on 25 November 2015 to mark the completion of destruction at the specialized ammunition disassembly and recycling company Nammo Buck GmbH in Pinnow, with German parliamentarians, media, and a representative from Handicap International on behalf of the CMC.

Germany destroyed the cluster munition stocks at three locations in Germany: Nammo Buck in Pinnow, Spreewerk Lübben in Lübben, and Muniberka in Dietersdorf. It also shipped cluster munitions to Norway for destruction at Lökken Verk outside Bergen.[36] The Article 7 reports describe the safety and environmental standards observed.[37]

Germany began destroying the BL-755 cluster bombs in 2001, while destruction of DM612 155mm artillery projectiles began in 2007, and destruction of the other types followed in 2009.[38]

In April 2013, Germany reported that it spent a total of €11.8 million on stockpile destruction prior to the entry into force of the convention and allocated another €29.6 million from 1 August 2010 to 2016, making a total expenditure of €41.4 million (US$53.2 million).[39]

Retention

In its April 2016 Article 7 report, Germany declared that it is retaining a total of 570 cluster munitions and 52,801 submunitions for explosive ordnance disposal (EOD) training and research purposes, as listed in the following table.[40]

Cluster munitions retained in accordance with Article 3 (as of 31 December 2015)[41]

Germany initially reported in 2012 that it would retain 782 cluster munitions and 71,872 submunitions, so the 2015 total represents a 27% reduction from the original number retained.[42]

Germany progressively reduced the number of cluster munitions retained by using them during EOD training. In 2011–2015, it consumed a total of 212 cluster munitions and 19,071 submunitions in EOD training as follows: 17 cluster munitions and 2,010 submunitions in 2015, 70 cluster munitions and 4,744 submunitions in 2014, 28 cluster munitions and 3,125 submunitions in 2013, 58 cluster munitions and 6,330 submunitions in 2012, and 39 cluster munitions and 2,862 submunitions in 2011.[43]

Despite this reduction, Germany still retains the largest number of submunitions of any State Party. The CMC has expressed concern at the retention of such a high numbers of cluster munitions and asked if Germany’s training program is large enough to require them.

In 2015, Germany reported that it continues to review of the amount of retained submunitions needed for EOD training.[44] In September 2013, Germany reported that “the calculations and plans for retention of selected items are kept under constant review, thus upholding the spirit of this convention. Thus, we can ensure that we retain only the very minimum quantity of cluster munitions necessary for permitted development and training.”[45]

Previously, in September 2012, Germany informed States Parties that it planned to intensify EOD training in light of the increasing dangers faced by German armed forces from improvised explosive devices (IEDs). As a result, it stated there would be “an estimated increase in consumption of individual submunitions of approximately 30% from 2013 onwards.”[46] In June 2012, the Federal Foreign Office provided the Monitor with a list of criteria used by the Federal Office of Defence Technology and Procurement to determine the number of cluster munitions to be retained for training.[47]

Policy

The Federal Republic of Germany signed the Mine Ban Treaty on 3 December 1997 and ratified it on 23 July 1998, becoming a State Party on 1 March 1999. Legislation to enforce the antipersonnel mine prohibition domestically entered into force on 9 July 1998. In April 2012, Germany submitted its 14^th Mine Ban Treaty Article 7 report.

In 2011 and 2012, Germany served as co-chair of the Standing Committee on stockpile destruction. Germany served as co-rapporteur of the Standing Committee on Technologies for Mine Action (1999–2000) and as co-rapporteur and then co-chair of the Standing Committees on Mine Clearance (2000–2002), General Status and Operation of the Convention (2006–2008), and Stockpile Destruction (2011–2012). Germany also served as Vice President of the Twelfth Meeting of States Parties in December 2012. Germany attended the Seventeenth Meeting of States Parties in Geneva in November 2018 and the intersessional Standing Committee meetings in Geneva in May 2019. At the Meeting of States Parties, Germany encouraged states to implement national action plans and to meet all financial obligations. It also announced an updated national strategy on Humanitarian Mine Action.[1]

Germany is party to the Convention on Conventional Weapons and its Amended Protocol II on landmines and Protocol V on explosive remnants of war. It is also party to the Convention on Cluster Munitions.

Production

In the late 1950s, German armed forces began to procure their first antipersonnel and antitank mines, under license from foreign countries. Germany procured five types of antipersonnel mines: DM-11, DM-39, DM-51, DM-39, and MUSPA, though the government did not categorize the DM-51, DM-39, or MUSPA as antipersonnel mines. It also procured eight types of antitank mines: DM-21, AT-1, AT-2, DM-31, PARM-1, PARM-2, COBRA, and MIFF.

The DM-11 mine was produced by Diehl. According to government sources, the Federal Armed Forces bought a large number of these landmines until 1964 at a cost of 19.2 million DEM (US $10.9 million.”[2] Specific data is classified, though it is estimated that the total number of procured mines could be three million.[3]

The DM-31 antipersonnel mine was produced from 1962–1967 by the company Industriewerke Karlsruhe for the Federal Armed Forces. According to government sources, these procurements cost 49.2 million DEM (US $27.9 million). It has been estimated that the total number of procured mines could be between one and one and a half million mines.[4]

In the early 1990s, the DM-51 and DM-39 antipersonnel mines were acquired from the disintegrated armed forces of former East Germany. The costs and numbers of these mines are unknown.

The MUSPA antipersonnel mine was made by Rheinmetall/Daimler Benz Aerospace/Thomson-Dasa Wirksysteme. According to reliable estimates, the number of procured MUSPA was 90,000 at a cost of around 210 million DEM (US $119.3 million).[5]

Transfer

Verifying German landmine exports is difficult due to their classified nature. One official document contained detailed information on just one sale: 20 AP-2 antitank mines to the armed forces of the Netherlands on 17 September 1993.[6] Other official information indicates three authorizations for a total of 262 landmines between 1985 and 1990 and 10 authorizations for a total of 45,139 landmines between 1991 and 31 July 1995.[7] According to the magazine “Wehrdienst,” 87,024 AT-2s were delivered to the United Kingdom (UK) in 1995.[8] Landmine Monitor is also confident about the following transfers of landmines:

1. Until 1994, Italy received MIFF, MUSPA, and MUSA mines, together with 100 MW 1 submunition dispensers for the Tornado combat aircraft;

2. In 1994, Finland got probably more than 100,000 TM-62 antitank mines from the stockpiles of the armed forces of the former East Germany;

3. At the end of 1990 and beginning of 1991, the UK obtained four Skorpion mine-delivery systems and 15,000 AT-2 mines as German military support for the Gulf War. These weapons were returned after the war;

4. Also during the Gulf War, Israel received around 100 of several types of landmines from stockpiles of the armed forces of former East Germany to use for research;

5. In the same context and for the same purposes, the United States (US) obtained 552 PMP 2, TM 46 and TM 63 mines (all from the former East Germany). Later, additional mines were provided;

6. Saudi Arabia received 20 antitank mines in 1996;[9]

7. In 1997, Norway procured 468 Mars rocket launchers fitted with AT-2 mines from Germany.

German mines have been found elsewhere and in conflict zones, including Somalia and Angola. The former West Germany and former East Germany also transferred mines to dozens of countries.

Germany initially announced a moratorium on export of antipersonnel mines in 1994 and in January 1996 extended the moratorium indefinitely.

Stockpiling and Retention

Germany destroyed its stockpile of 1.7 million antipersonnel mines in December 1997. Germany initially retained 3,000 DM-31 mines for training and development purposes, which was reduced to 583 mines by the end of 2018.[10] On 3 March 2011, 22,716 antipersonnel mines were transferred from Turkey to a company in Germany in order to be destroyed.[11]

Note: ERW = explosive remnants of war.

Contamination

As of December 2017, the Federal Republic of Germany had approximately 11km²of area suspected to contain cluster munition remnants at a former Soviet military training area at Wittstock, Brandenburg, in the former East Germany.[1] This is unchanged from the contamination reported for 2016,[2] despite clearance of 470,000m² in 2017.[3] The Soviet-era ShOAB-0.5 submunitions contaminating Wittstock result from testing of the weapon in 1952–1993.[4] The area is heavily contaminated with various kinds of explosive ordnance, and “especially ordnance with considerable explosive power,” as well as scrap metal.[5] The area is completely perimeter-marked with warning signs, and an official directive (effective 1 July 2011) has been issued by the responsible regulatory and supervisor authority, constraining access to the area.[6]

In its initial Convention on Cluster Munitions Article 7 transparency report, submitted in January 2011, Germany declared having no areas confirmed or suspected to contain cluster munition remnants.[7] In June 2011, however, at a Mine Ban Treaty Standing Committee meeting, Germany declared that the area at Wittstock was suspected to contain cluster munition remnants.[8] Germany repeated the information at the Convention on Cluster Munitions intersessional meetings a week later, noting that the remnants were “principally found within the confines of a target range” located at the south of the training area.[9]

From 2011 to early 2014, suspected cluster munition contamination was reported to total 4km².[10] In August 2014, however, Germany reported that the total suspected hazardous area (SHA) was actually 11km².[11] The greatly increased estimate was ascribed to discovery of submunitions during non-technical survey across a wider area than previously reported.[12]

Program Management

In early October 2011, ownership of the Wittstock former training range was transferred from the military to the federal government authority in charge of real estate, Bundesanstalt für Immobilienaufgaben (BImA). Beginning in 2012, BImA implemented a risk education program in collaboration with local authorities based on a “danger prevention plan.” The plan was described as a “crucial prerequisite” for further technical survey of the area.[13] Activities included marking the perimeter and preventing civilian access to the area.[14]

Once safely released, the site is due to remain part of a “nature protection area” in the Kyritz-Ruppiner-Heide, managed by BImA as part of the Europa NATURA 2000 site, under the European Union (EU) Habitats Directive.[15]

Strategic planning

Germany has not yet developed a national plan to complete clearance of all cluster munition remnants; nor has it set specific milestones for the release of areas confirmed or suspected to contain cluster munition remnants. It has explained that their decision is due to the high level of contamination at the site, which includes different types of ERW, and the varying spatial distribution of contamination, due to overlapping contamination from multiple weapon types, encountered during clearance efforts in 2017.[16]

Operators

Clearance capacity during the first months of 2017 comprised some 20 deminers, which later increased to a monthly average of 40–45.[17] As of July 2018, three private companies were being tasked to conduct operations at the site.[18] Germany was hoping to further increase clearance capacity to around 150 deminers in 2018, but may not be able to achieve this.[19] There are reportedly staff shortages for deminers in companies and in the market in general in Germany, in particular for the specially licensed team leaders required by German law.[20]

Land Release

In 2017, Germany conducted clearance, for the first time, of cluster munition-contaminated area at Wittstock. It reported total clearance of 470,000m².

Survey in 2017

No cluster munition-contaminated area was released by survey in 2017.

Clearance in 2017

Clearance efforts at Wittstock began in March 2017, following completion of preparation of a fire protection system the same month, during which 2km² of heathland was burnt.[21] Germany cleared 470,000m², between March and December 2017, during which 513 submunitions were destroyed (329 shOAB-0.5; 33 AO-1SCh; 1 AO-1 SC; 61 ZAB 2.5M; 87 PTAB 2.5M; and 2 PTAB 10-5), along with 2,395 items of other unexploded ordinance (UXO).[22] Magnetometers were used for pre-clearance of large ferrous items, and metal detectors for cluster munition remnant detection.[23]

Article 4 Compliance

Under Article 4 of the Convention on Cluster Munitions, Germany is required to destroy all cluster munition remnants in areas under its jurisdiction or control as soon as possible, but not later than 1 August 2020. It is unclear whether Germany is on track to meet this deadline.

In the last five years, Germany has conducted clearance in only one year, 2017, clearing less than 0.5km² of cluster munition remnant-contaminated area (see table below).

Clearance capacity in 2017 increased from 20 personnel at the start of clearance in early 2017, to a monthly average of 40–45, and could potentially be increased to up to as many as 150 in 2018.[24] However, staffing shortages in Germany may pose challenges to achieving this.[25]

Furthermore, in addition to possible staffing shortfalls, Germany foresees other potential obstacles that could impact its ability to meet its Article 4 deadline, including the very high level of cluster munition and UXO contamination; the very different spatial distribution of the contamination; higher levels of contamination than expected; restrictions due to legal requirements (fire protection and nature conservation); reduced burning of heathland due to unfavorable meteorological conditions; and shortage of destruction capacities at the responsible state authorities.[26]

Germany reported that it intends to meet its Article 4 deadline, but that these factors could lead to unplanned delays.[27] Given the tight timetable, such delays could prevent Germany from meeting its Article 4 deadline of 1 August 2020.

The Monitor acknowledges the contributions of the Mine Action Review (www.mineactionreview.org), which has conducted the primary mine action research in 2018 and shared all its country-level landmine reports (from“Clearing the Mines 2018”) and country-level cluster munition reports (from “Clearing Cluster Munition Remnants 2018”) with the Monitor. The Monitor is responsible for the findings presented online and in its print publications.

In 2018, the Federal Republic of Germany provided nearly €36 million (US$42.5 million)[1] in mine action funding to 11 countries and one other area, half its 2017 level when it contributed €74.7 million ($84.4 million).

The largest contribution went to Iraq (€13.7 million/$16.2 million) for clearance, risk education, victim assistance, and capacity-building activities, which represents more than one-third (38%) of Germany’s total contribution for the year.

Afghanistan also received substantial funds with €7 million ($8 million) for clearance and victim assistance projects, while three additional countries (Syria, Somalia and South Sudan) received more than $2 million each.

In 2015, Germany explained it was seeking to reduce the number of countries benefiting from its assistance[2] in order to be able to strengthen its support for mine action projects in 10 partner countries.[3]

Contributions by recipient: 2018[4]

Note: GICHD = Geneva International Centre for Humanitarian Demining; ICBL-CMC = International Campaign to Ban Landmines–Cluster Munition Coalition.

From 2014–2018, Germany contributed more than €170 million ($197 million) to mine action, more than two-fifths of which was provided in 2017 alone. In comparison, in the previous five-year period from 2009–2013, its support totaled €86.7 million ($1116.6 million).

Until 2013, Germany consistently contributed approximately €17 million ($23 million) each year in support to mine action. In 2014, Germany’s funding totaled some €13 million ($17.5 million), which represented its lowest level since 2007 when it provided €13.4 million ($18.4 million). In 2016 and 2017, Germany significantly increased its mine action funding, reaching a peak of nearly €75 million ($84.4 million). In 2018, Germany’s support to mine action decreased by 50% but still remained above the 2016 level.

Summary of contributions: 2014–2018[5]